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 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 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 : 320
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.
That Eminent Tribunal
Author: Christopher WolfePublisher: Princeton University Press
ISBN: 1400826284
Category : Law
Languages : en
Pages : 256
Book Description
The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic process? That Eminent Tribunal brings together a distinguished group of legal scholars and political scientists who argue that the Court's power has exceeded its appropriate bounds, and that sound republican principles require greater limits on that power. They reach this conclusion by an interesting variety of paths, and despite varied political convictions. Some of the essays debate the explicit claims to constitutional authority laid out by the Supreme Court itself in Planned Parenthood v. Casey and similar cases, and others focus on the defenses of judicial authority found commonly in legal scholarship (e.g., the allegedly superior moral reasoning of judges, or judges' supposed track record of superior political decision making). The authors find these arguments wanting and contend that the principles of republicanism and the contemporary form of judicial review exercised by the Supreme Court are fundamentally incompatible. The contributors include Hadley Arkes, Gerard V. Bradley, George Liebmann, Michael McConnell, Robert F. Nagel, Jack Wade Nowlin, Steven D. Smith, Jeremy Waldron, Keith E. Whittington, Christopher Wolfe, and Michael P. Zuckert.
Judicial Review and Judicial Power in the Supreme Court
Author: Kermit L. HallPublisher: Routledge
ISBN: 1135691460
Category : Law
Languages : en
Pages : 503
Book Description
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
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.