Author: Robert H. JacksonPublisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 442
Book Description
The Struggle for Judicial Supremacy
Author: Robert H. JacksonPublisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 442
Book Description
The Struggle for Judicial Supremacy
Author: Robert Houghwout JacksonPublisher: Octagon Press, Limited
ISBN: 9780374941307
Category : Constitutional law
Languages : en
Pages : 361
Book Description
The Struggle for Judicial Supremacy
Author: Robert Houghwout JacksonPublisher:
ISBN:
Category :
Languages : en
Pages : 361
Book Description
The Struggle for Judicial Supremacy
Author: Robert Houghwout Jackson (Jurist, USA)Publisher:
ISBN:
Category :
Languages : en
Pages : 361
Book Description
The Authority of the Court and the Peril of Politics
Author: Stephen BreyerPublisher: Harvard University Press
ISBN: 0674269365
Category : Law
Languages : en
Pages : 113
Book Description
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Political Foundations of Judicial Supremacy
Author: Keith E. WhittingtonPublisher: Princeton University Press
ISBN: 1400827752
Category : Law
Languages : en
Pages : 321
Book Description
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
The Last Democrats
Author: Joseph P. Dailey Publisher: Hillcrest Publishing Group
ISBN: 0615816347
Category : Political Science
Languages : en
Pages : 537
Book Description
Why is America the only democracy in the world where unelected judges have more power than elected officials?
The People Themselves
Author: Larry KramerPublisher: Oxford University Press, USA
ISBN: 9780195306453
Category : History
Languages : en
Pages : 380
Book Description
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
The American Doctrine Of Judicial Supremacy
Author: Charles Grove HainesPublisher: Sagwan Press
ISBN: 9781340567545
Category :
Languages : en
Pages : 402
Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
The Constitution in Conflict
Author: Robert A. BurtPublisher: Harvard University Press
ISBN: 9780674165366
Category : Law
Languages : en
Pages : 492
Book Description
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.