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Constitutional Law And Supreme Court Decision Making
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Book Synopsis Rationing the Constitution by : Andrew Coan
Download or read book Rationing the Constitution written by Andrew Coan and published by . This book was released on 2019 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--
Book Synopsis The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law by : Adam Lamparello
Download or read book The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law written by Adam Lamparello and published by Taylor & Francis. This book was released on 2016-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part VII An interpretive theory that promotes federalism, separation of powers and principled judicial review -- 28 Is democracy a good thing? The arguments - and the practicalities -- 29 Foundational principles for a pro-democracy, process-oriented, and pragmatic jurisprudence -- 30 Applying the foundational principles to the "worst" Supreme Court decisions and arriving at nonideological, process-oriented, and pro-democracy outcomes -- Concluding thoughts -- Index
Book Synopsis Constitutional Law and Supreme Court Decision-making by : Sheldon Goldman
Download or read book Constitutional Law and Supreme Court Decision-making written by Sheldon Goldman and published by HarperCollins Publishers. This book was released on 1982 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rationing the Constitution by : Andrew Coan
Download or read book Rationing the Constitution written by Andrew Coan and published by Harvard University Press. This book was released on 2019-04-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Download or read book The Supreme Court written by Tom S. Clark and published by Cambridge University Press. This book was released on 2019-03-14 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a quantitative history of the development of constitutional law in the United States during the past 150 years.
Book Synopsis Constitutional Process by : Maxwell L. Stearns
Download or read book Constitutional Process written by Maxwell L. Stearns and published by University of Michigan Press. This book was released on 2002 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive analysis of how the collective nature of Supreme Court decision making affects the transformation of the justices' preferences into constitutional doctrine. Analyzing the Supreme Court from the perspective of social choice theory, Maxwell L. Stearns offers new insights into Supreme Court decision making that have profound implications for understanding the outcomes in a number of cases and the resulting doctrinal development within constitutional law which traditional analyses have proven ill-equipped to explain. The book models several important process-based Supreme Court rules, including outcome voting, the narrowest-grounds rule, stare decisis, and justiciability, with a particular emphasis on standing. These doctrines have each had a significant impact upon the evolution of modern constitutional law, including but not limited to the following areas: affirmative action, school desegregation, racial gerrymandering, obscenity, and abortion. Each model is presented in nontechnical language with several concrete illustrations drawn from recent Supreme Court case law. The book offers a new understanding of two apparently paradoxical situations: first, cases in which there are separate majorities on specific issues in the case that suggest, logically, that there should be a majority for the dissenting result; and second, cases in which discrete minorities--as opposed to the apparent majority--control the identification and resolution of dispositive case issues. In addition, the book sheds new light on why the Court employs stare decisis, even though the doctrine grounds the evolution of legal doctrine on the order in which cases are presented and decided, and on how the modern standing doctrine ameliorates the incentives for interest groups to time the litigation of cases in a way that will exert a disproportionate influence over the direction of constitutional doctrine. This book will appeal to scholars of the Supreme Court or judicial decision-making. It should also be of interest to students of social choice and of law and economics who have not previously considered the Supreme Court or constitutional law as fertile ground for their disciplines. Maxwell L. Stearns is Professor of Law, George Mason University School of Law.
Book Synopsis Constitutional Law & Judicial Policy Making by : Joel B. Grossman
Download or read book Constitutional Law & Judicial Policy Making written by Joel B. Grossman and published by John Wiley & Sons. This book was released on 1980 with total page 1596 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Law written by Martin Levy and published by Aspen Publishing. This book was released on 2022-12-01 with total page 1530 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law: Cases and Materials, Third Editionis structured for a three- to five-hour introductory course in Constitutional Law. Coverage includes a review of the power of the three coordinate branches of the federal government with particular emphasis on the Federal and Supreme Courts. Constitutional Law: Cases and Materialsemphasizes Individual Rights and includes Application of the Bill of Rights and the fundamental rights to Due Process, both substantive and procedural, as well as Equal Protection. First Amendment issues are not included: this casebook is meant for use in programs that offer separate First Amendment course. Professors and students will benefit from: Strong emphasis on civil rights and the Fourteenth Amendment including more extensive coverage of slavery, segregation, and civil rights and a very “realist view” of the role the Supreme Court has played from slavery to present. Structuring of Article III jurisdictional requirements as they are affected by a given subject matter in relation to how the judicial power should be applied in a democratic society. Beginning with a “mini course” in Supreme Court decision making and using the controversy generated by the “privacy and abortion cases” to show how actual case law is affected by the “weak origins” of judicial review and the conflict?in?the need to limit?governmental power (the Constitution as fundamental law) by a non-elected Court in a democratic society. Allowing students to understand how the substantive contemporary controversies in the subject matter affect how the Court applies the judicial power. ? Preparing the student to understand how the use of the case and controversy requirements in Article III are applied to restrain the judicial power and bow to the democratic process, as exemplified by the “historic” privacy cases. Providing the students exposure to some of the classic articles dealing with these issues in order to benefit their understanding of the subject matter. New to the Third Edition: The authors have updated material and included information on new developments in: The Pre-emption Doctrine The Civil Rights Act of 1964 Federalism Presidential Power (including the Unitary Executive Theory) Post Shelby v. Holder Voting Rights Redistricting Second Amendment right to bear arms Abortion Rights
Book Synopsis An Introduction to Supreme Court Decision Making by : Harold J. Spaeth
Download or read book An Introduction to Supreme Court Decision Making written by Harold J. Spaeth and published by . This book was released on 1965 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Introduction to Constitutional Law by : Randy E. Barnett
Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2023-02-28 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Book Synopsis Supreme Court Decision-Making by : Cornell W. Clayton
Download or read book Supreme Court Decision-Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.
Book Synopsis Decision Making in the Supreme Court of the United States by : Joseph Francis Menez
Download or read book Decision Making in the Supreme Court of the United States written by Joseph Francis Menez and published by . This book was released on 1984 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Making Sense of the Constitution by : Walter M Frank
Download or read book Making Sense of the Constitution written by Walter M Frank and published by SIU Press. This book was released on 2012-03-22 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Making Sense of the Constitution: A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law, Walter Frank tackles in a comprehensive but lively manner subjects rarely treated in one volume. Aiming at both the general reader and students of political science, law, or history, Frank begins with a brief discussion of the nature of constitutional law and why the Court divides so closely on many issues. He then proceeds to an analysis of the Constitution and subsequent amendments, placing them in their historical context. Next, Frank shifts to the Supreme Court and its decisions, examining, among other things, doctrinal developments, the Court’s decision making processes, how justices interact with each other, and the debate over how the Constitution should be interpreted. The work concludes with a close analysis of Court decisions in six major areas of continuing controversy, including abortion, affirmative action, and campaign finance. Outstanding by the University Press Books for Public and Secondary Schools
Book Synopsis Constitutional Courts in Comparison by : Ralf Rogowski
Download or read book Constitutional Courts in Comparison written by Ralf Rogowski and published by Berghahn Books. This book was released on 2016-08-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.
Book Synopsis Supreme Courts and Judicial Law-Making by : Edward McWhinney
Download or read book Supreme Courts and Judicial Law-Making written by Edward McWhinney and published by Martinus Nijhoff Publishers. This book was released on 1986 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives a broad understanding of the Belgian Constitutional History including a General Introduction, the Sources of Constitutional Law, its Form of Government, The State & its Subdivisions, Citizenship & its Administration of Justice & Specific Problems. Added features of this publication include a list of abbreviations, an extensive glossary, maps, & charts. This book is an offprint of the International Encyclopaedia of Laws: Constitutional Law .
Book Synopsis Decision Making by the Modern Supreme Court by : Richard L. Pacelle, Jr
Download or read book Decision Making by the Modern Supreme Court written by Richard L. Pacelle, Jr and published by Cambridge University Press. This book was released on 2011-06-13 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953–2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past.
Book Synopsis Strategic Behavior and Policy Choice on the U.S. Supreme Court by : Thomas H. Hammond
Download or read book Strategic Behavior and Policy Choice on the U.S. Supreme Court written by Thomas H. Hammond and published by Stanford University Press. This book was released on 2005 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first comprehensive model of policymaking by strategically-rational justices who pursue their own policy preferences in the Supreme Court's multi-stage decision-making process.
