Author : Anna Harvey
Publisher : Yale University Press
Page : 385 pages
File Size : 11,34 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 : Kermit L. Hall
Publisher : Oxford University Press
Page : 611 pages
File Size : 27,99 MB
Release : 2005-10-27
Category : Political Science
ISBN : 0199883742
In recent years the Supreme Court has been at the center of such political issues as abortion rights, the administration of police procedures, and the determination of the 2000 presidential election. The checks and balances provided by the three branches of federal government are essential to nurturing and maintaining American democracy. With the guidance of coeditors Kermit L. Hall and Kevin T. McGuire, this volume of essays examines the role of the Judicial Branch in American democracy and the dynamic between the other branches of government, compares international models, and discusses possible measures for reform. The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.
Author : Sheldon Whitehouse
Publisher : New Press, The
Page : 237 pages
File Size : 49,50 MB
Release : 2017-02-21
Category : Political Science
ISBN : 1620972085
A U.S. senator, leading the fight against money in politics, chronicles the long shadow corporate power has cast over our democracy In Captured, U.S. Senator and former federal prosecutor Sheldon Whitehouse offers an eye-opening take on what corporate influence looks like today from the Senate Floor, adding a first-hand perspective to Jane Mayer’s Dark Money. Americans know something is wrong in their government. Senator Whitehouse combines history, legal scholarship, and personal experiences to provide the first hands-on, comprehensive explanation of what's gone wrong, exposing multiple avenues through which our government has been infiltrated and disabled by corporate powers. Captured reveals an original oversight by the Founders, and shows how and why corporate power has exploited that vulnerability: to strike fear in elected representatives who don’t “get right” by threatening million-dollar "dark money" election attacks (a threat more effective and less expensive than the actual attack); to stack the judiciary—even the Supreme Court—in "business-friendly" ways; to "capture” the administrative agencies meant to regulate corporate behavior; to undermine the civil jury, the Constitution's last bastion for ordinary citizens; and to create a corporate "alternate reality" on public health and safety issues like climate change. Captured shows that in this centuries-long struggle between corporate power and individual liberty, we can and must take our American government back into our own hands.
Author : Jeffrey Rosen
Publisher : Oxford University Press
Page : 257 pages
File Size : 32,49 MB
Release : 2006-06-19
Category : Law
ISBN : 0195174437
Looks at some of the most important Supreme Court cases in history and contends that the Supreme Court is most successful when it defers to the constitutional views of the American people.
Author : Gary May
Publisher : Basic Books
Page : 337 pages
File Size : 19,90 MB
Release : 2013-04-09
Category : History
ISBN : 0465050735
When the Fifteenth Amendment of 1870 granted African Americans the right to vote, it seemed as if a new era of political equality was at hand. Before long, however, white segregationists across the South counterattacked, driving their black countrymen from the polls through a combination of sheer terror and insidious devices such as complex literacy tests and expensive poll taxes. Most African Americans would remain voiceless for nearly a century more, citizens in name only until the passage of the 1965 Voting Rights Act secured their access to the ballot. In Bending Toward Justice, celebrated historian Gary May describes how black voters overcame centuries of bigotry to secure and preserve one of their most important rights as American citizens. The struggle that culminated in the passage of the Voting Rights Act was long and torturous, and only succeeded because of the courageous work of local freedom fighters and national civil rights leaders -- as well as, ironically, the opposition of Southern segregationists and law enforcement officials, who won public sympathy for the voting rights movement by brutally attacking peaceful demonstrators. But while the Voting Rights Act represented an unqualified victory over such forces of hate, May explains that its achievements remain in jeopardy. Many argue that the 2008 election of President Barack Obama rendered the act obsolete, yet recent years have seen renewed efforts to curb voting rights and deny minorities the act's hard-won protections. Legal challenges to key sections of the act may soon lead the Supreme Court to declare those protections unconstitutional. A vivid, fast-paced history of this landmark piece of civil rights legislation, Bending Toward Justice offers a dramatic, timely account of the struggle that finally won African Americans the ballot -- although, as May shows, the fight for voting rights is by no means over.
Author : Jamin B. Raskin
Publisher : Psychology Press
Page : 316 pages
File Size : 35,8 MB
Release : 2004
Category : Political questions and judicial power
ISBN : 9780415948951
The current five-vote majority on the Supreme Court may be the most divisive, anti-democratic court in American history. Overruling Democracy disputes the majority's awful rulings on third parties, race, high schools and corporations.
Author : Albert P. Melone
Publisher : Beard Books
Page : 2 pages
File Size : 41,11 MB
Release : 2004-09
Category : Political Science
ISBN : 1587982390
In an attempt to assess the Supreme Court's role in shaping constitutional law, this book examines the issues of whether judicial review is a usurpation of power and whether it is compatible with democratic theory.
Author : John Hart Ely
Publisher : Harvard University Press
Page : 281 pages
File Size : 38,67 MB
Release : 1981-08-15
Category : Law
ISBN : 0674263294
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author : Geneva Overholser
Publisher : Oxford University Press
Page : 503 pages
File Size : 25,47 MB
Release : 2005-05-26
Category : Language Arts & Disciplines
ISBN : 0195172833
American democracy is built on its institutions. The Congress, the presidency, and the judiciary, in particular, undergird the rights and responsibilities of every citizen. The free press, for example, protected by the First Amendment, allows for the dissent so necessary in a democracy. How has this institution changed since the nation's founding? And what can we, as leaders, policymakers, and citizens, do to keep it vital?The freedom of the press is an essential element of American democracy. With the guidance of editors Geneva Overholser and Kathleen Hall Jamieson, this volume examines the role of the press in a democracy, investigating alternative models used throughout world history to better understand how the American press has evolved into what it is today. The commission also examines ways to allow more voices to be heard and to improve the institution of the American free press.The Press, a collection of essays by the nation's leading journalism scholars and professionals, will examine the history, identity, roles, and future of the American press, with an emphasis on topics of concern to both practitioners and consumers of American media.
Author : George I. Lovell
Publisher : Cambridge University Press
Page : 314 pages
File Size : 23,97 MB
Release : 2003-03-31
Category : Political Science
ISBN : 1139440616
Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence, and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. This book argues for a fundamental shift in the way scholars think about judicial policy-making. Scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. This study of legislative deference to the courts offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy.
