Congress Against the Court
Author : Adam Carlyle Breckenridge
Publisher : Lincoln : University of Nebraska Press
Page : 184 pages
File Size : 25,77 MB
Release : 1970
Category : Law
ISBN :
Author : Adam Carlyle Breckenridge
Publisher : Lincoln : University of Nebraska Press
Page : 184 pages
File Size : 25,77 MB
Release : 1970
Category : Law
ISBN :
Author : Anna Harvey
Publisher : Yale University Press
Page : 385 pages
File Size : 10,61 MB
Release : 2013-11-26
Category : Political Science
ISBN : 0300171110
In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.
Author : Breckenridge Adam C.
Publisher :
Page : 170 pages
File Size : 25,10 MB
Release :
Category :
ISBN : 9780835755931
Author : Keith E. Whittington
Publisher : University Press of Kansas
Page : 432 pages
File Size : 30,65 MB
Release : 2020-05-18
Category : Political Science
ISBN : 0700630368
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Author : United States. Congress
Publisher :
Page : 1414 pages
File Size : 15,89 MB
Release : 1952
Category : Law
ISBN :
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Author :
Publisher :
Page : 76 pages
File Size : 46,50 MB
Release : 1961
Category :
ISBN :
Author : William B. Glidden
Publisher : Bloomsbury Publishing USA
Page : 314 pages
File Size : 34,55 MB
Release : 2015-03-17
Category : Political Science
ISBN :
A comprehensive and focused review of all of the Supreme Court's overturns of Congress on constitutional grounds from 1789 to the present suited to college-level political science and constitutional law courses as well as law school students. The always-controversial practice of judicial review of Congress is not prescribed in the Constitution, but is arguably a valid way to protect the rights of individuals or guard against unfair rule by the majority. This book offers a historical review and indictment of the Supreme Court's overruling of Congress, ultimately taking a position that this has been more detrimental than beneficial to the democratic process in the United States, and that in the aggregate rights of individuals and minorities would have been better served if the relevant laws of Congress had been enforced rather than struck down by the Court. Written by an author who is a historian and a lawyer, the book covers all Supreme Court overrides of Congress through 2014, including major historical turning points in Supreme Court legislation and such recent and relevant topics as the Affordable Care Act, limits on contributions to political candidates and campaigns from wealthy individuals, and the Defense of Marriage Act. The discussions of specific cases are made in relevant context and focus on "big picture" themes and concepts without skipping key details, making this a useful volume for law and university level students while also being accessible to general readers.
Author : John V. Sullivan
Publisher :
Page : 72 pages
File Size : 35,5 MB
Release : 2007
Category : Government publications
ISBN :
Author :
Publisher : Thomas Nelson Inc
Page : 320 pages
File Size : 42,4 MB
Release :
Category :
ISBN : 1418560707
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
Publisher :
Page : 676 pages
File Size : 41,68 MB
Release : 1968
Category : Separation of powers
ISBN :
Assesses role of present-day Supreme Court in relation to its constitutional mandate and limitations and its historically accepted role. Includes Legislative Reference Service report "Supreme Court Decisions, 1953-68, Which Have Modified Prior Interpretations or Established New Constitutional Principals" (Aug. 7, 1968. p. 253-337).