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Author : Morton J. Horwitz
Publisher : Georgetown University Press
ISBN 13 : 164712476X
Total Pages : 0 pages
Book Rating : 4.6/5 (471 download)
Download or read book The Warren Court and the Democratic Constitution written by Morton J. Horwitz and published by Georgetown University Press. This book was released on 2024-10-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Geoffrey R. Stone
Publisher : Oxford University Press, USA
ISBN 13 : 019093820X
Total Pages : 241 pages
Book Rating : 4.1/5 (99 download)
Download or read book Democracy and Equality written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2020-01-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
Author : John Denton Carter
Publisher : Pelican Publishing
ISBN 13 : 9781455613861
Total Pages : 192 pages
Book Rating : 4.6/5 (138 download)
Download or read book The Warren Court and the Constitution written by John Denton Carter and published by Pelican Publishing. This book was released on 1973-01-31 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court under Chief Justice Earl Warren attempted to transfer the balance of American political power from elected representatives to a coalition of restless, ambitious power-seekers on the liberal-left, charges author John Denton Carter. The Warren Court and the Constitution: A Critical View of Judicial Activism contends that the appointment of Warren as chief justice in 1953 launched the Supreme Court on a 16-year orgy of unprecedented judicial activism. While the author focuses his fire primarily upon Warren, the rubbery character and flexible principal that distinguished many members of the Warren Court also come under close scrutiny. Carter, who holds a doctorate in history from the University of California at Berkeley, writes that, under Warren, the Court was quickly transformed from an impartial forum of justice into a body of Constitutional anarchists. He argues that the liberal-left coalition focused its efforts on capturing the Supreme Court because it was unable to work its will sufficiently through the Congress and the Presidency. The author, who collaborated on the seven-volume History of the Army Air Forces in World War II, also contends that the only practical method of reforming the Court today is to pack it with conservatives, a procedure, he says, for which there is ample precedent. He warns that because the human thirst for power is insatiable, it is certain that this unlawful extension of the judicial authority will continue and become increasingly menacing to stable government and public order unless the court is contained and forced to return to its prescribed duties under the Constitution.
Author : Mark V. Tushnet
Publisher : University of Virginia Press
ISBN 13 : 9780813916651
Total Pages : 244 pages
Book Rating : 4.9/5 (166 download)
Download or read book The Warren Court in Historical and Political Perspective written by Mark V. Tushnet and published by University of Virginia Press. This book was released on 1993 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tenure of Earl Warren as chief justice of the United States Supreme Court (1953-69) was marked by a series of decisions unique in the history of the Court for the progressive agenda they bespoke. What made the Warren Court special? How can students of history and political science understand the Warren Court as part of constitutional history and politics? To answer such questions, nine well-known legal scholars and historians explore how each justice contributed to the distinctiveness of the Warren Court in Supreme Court history.
Author : Neal Devins
Publisher : Oxford University Press, USA
ISBN 13 : 0199916543
Total Pages : 369 pages
Book Rating : 4.1/5 (999 download)
Download or read book The Democratic Constitution written by Neal Devins and published by Oxford University Press, USA. This book was released on 2015 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Author : Philip B. Kurland
Publisher :
ISBN 13 : 9780226464077
Total Pages : 252 pages
Book Rating : 4.4/5 (64 download)
Download or read book Politics, the Constitution, and the Warren Court written by Philip B. Kurland and published by . This book was released on 1973 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Morton J. Horwitz
Publisher : Macmillan
ISBN 13 : 9780809016259
Total Pages : 148 pages
Book Rating : 4.0/5 (162 download)
Download or read book The Warren Court and the Pursuit of Justice written by Morton J. Horwitz and published by Macmillan. This book was released on 1999-04-30 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the Supreme Court under the leadership of Chief Justice Earl Warren, from 1953 to 1969, discussing the impact of the liberal court's civil rights and civil liberties decisions on American constitutional law.
Author : Stephen Breyer
Publisher : Vintage
ISBN 13 : 0307424618
Total Pages : 176 pages
Book Rating : 4.3/5 (74 download)
Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Author : Harry N. Scheiber
Publisher : Lexington Books
ISBN 13 : 9780739116357
Total Pages : 384 pages
Book Rating : 4.1/5 (163 download)
Download or read book Earl Warren and the Warren Court written by Harry N. Scheiber and published by Lexington Books. This book was released on 2007 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Earl Warren and the Warren Court comprises essays written by leading experts from the fields of law, history, and social science on the most important areas of the Warren Court's contributions in American law. In addition, Scheiber includes appraisals of the Warren Court's influence abroad, written by authorities of legal development in Europe, Latin America, Canada, and East Asia. This book offers a unique set of analyses that portray how innovations in American law generated by the Warren Court led to a reconsideration of law and the judicial role--and in many areas of the world, to transformations in judicial procedure and the advancement of substantive human rights. Also explored within these pages are the personal role of Earl Warren in the shaping of "Warren era" law and the ways in which his character and background influenced his role as Chief Justice.
Author : Kermit L. Hall
Publisher : OUP USA
ISBN 13 : 0195171721
Total Pages : 610 pages
Book Rating : 4.1/5 (951 download)
Download or read book Institutions of American Democracy: The Judicial Branch written by Kermit L. Hall and published by OUP USA. This book was released on 2005-10-27 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a collection of essays examining the American judiciary, including such topics as judicial review and interpretation, judicial activism, the judiciary and the political process, and selecting Supreme Court justices.
Author : John Agresto
Publisher : Cornell University Press
ISBN 13 : 1501712918
Total Pages : 184 pages
Book Rating : 4.5/5 (17 download)
Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 2016-10-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Author : Richard Funston
Publisher : Schenkman Books
ISBN 13 : 9780470990223
Total Pages : 428 pages
Book Rating : 4.9/5 (92 download)
Download or read book Constitutional Counterrevolution? written by Richard Funston and published by Schenkman Books. This book was released on 1977 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bernard Schwartz
Publisher : Doubleday Books
ISBN 13 :
Total Pages : 322 pages
Book Rating : 4.3/5 (91 download)
Download or read book Inside the Warren Court written by Bernard Schwartz and published by Doubleday Books. This book was released on 1983 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : L. A. Scot Powe
Publisher : Belknap Press
ISBN 13 :
Total Pages : 608 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Warren Court and American Politics written by L. A. Scot Powe and published by Belknap Press. This book was released on 2000 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the United States Supreme Court during Earl Warren's term as United States Chief Justice and its involvement in politics.
Author : Neal Devins
Publisher : Oxford University Press
ISBN 13 : 0190279567
Total Pages : 352 pages
Book Rating : 4.1/5 (92 download)
Download or read book The Democratic Constitution, 2nd Edition written by Neal Devins and published by Oxford University Press. This book was released on 2015-09-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Author : Archibald Cox
Publisher : Cambridge : Harvard University Press
ISBN 13 :
Total Pages : 162 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Warren Court written by Archibald Cox and published by Cambridge : Harvard University Press. This book was released on 1968 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the main lines of constitutional development under the Supreme Court since the appointment of Earl Warren as Chief Justice in 1953.
Author : John Paul Frank
Publisher : New York : Macmillan
ISBN 13 :
Total Pages : 254 pages
Book Rating : 4.F/5 ( download)
Download or read book The Warren Court written by John Paul Frank and published by New York : Macmillan. This book was released on 1964 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Points out the Court's enormous burden, and what part of it each Supreme Court justice has taken on his own shoulders. Tells in detail how each individual's life, experience, and outlook have shaped him as a Justice--with what causes he has made his name synonymous, what debt we owe particularly to him.
