Judicial Restraint In America PDF Download
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Author | : Evan Tsen Lee |
Publisher | : Oxford University Press, USA |
Total Pages | : 247 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0195340345 |
Download Judicial Restraint in America Book in PDF, ePub and Kindle
This traces the cultural, social, and intellectual forces that shaped the contours of judicial restraint from the time of John Marshall, through the Warren Court, and up to the present.
Author | : David F. Forte |
Publisher | : |
Total Pages | : 118 |
Release | : 1972 |
Genre | : Law |
ISBN | : |
Download The Supreme Court in American Politics Book in PDF, ePub and Kindle
Author | : Melvin I. Urofsky |
Publisher | : Twayne Publishers |
Total Pages | : 264 |
Release | : 1991 |
Genre | : Biography & Autobiography |
ISBN | : |
Download Felix Frankfurter Book in PDF, ePub and Kindle
Examination of the work, life, & thought of an influential Supreme Court judge. Contains detailed chronology.
Author | : Kermit Roosevelt |
Publisher | : Yale University Press |
Total Pages | : 272 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 0300129564 |
Download The Myth of Judicial Activism Book in PDF, ePub and Kindle
Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
Author | : Thomas M. Keck |
Publisher | : University of Chicago Press |
Total Pages | : 393 |
Release | : 2010-02-15 |
Genre | : Political Science |
ISBN | : 0226428869 |
Download The Most Activist Supreme Court in History Book in PDF, ePub and Kindle
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Author | : Stephen C. Halpern |
Publisher | : Free Press |
Total Pages | : 456 |
Release | : 1982 |
Genre | : Political Science |
ISBN | : |
Download Supreme Court Activism and Restraint Book in PDF, ePub and Kindle
Author | : Jerold Waltman |
Publisher | : Springer |
Total Pages | : 117 |
Release | : 2015-06-12 |
Genre | : Political Science |
ISBN | : 1137486961 |
Download Principled Judicial Restraint: A Case Against Activism Book in PDF, ePub and Kindle
Like many books, this one argues for a more restrained Supreme Court. Unlike most other books, however, this one grounds that call in a fully elaborated constitutional theory that goes beyond the "counter-majoritarian difficulty."
Author | : Jack M. Balkin |
Publisher | : Oxford University Press, USA |
Total Pages | : 257 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0197530990 |
Download The Cycles of Constitutional Time Book in PDF, ePub and Kindle
"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--
Author | : J. Harvie Wilkinson |
Publisher | : OUP USA |
Total Pages | : 174 |
Release | : 2012-03-12 |
Genre | : Law |
ISBN | : 0199846014 |
Download Cosmic Constitutional Theory Book in PDF, ePub and Kindle
What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.
Author | : Richard Pacelle |
Publisher | : Routledge |
Total Pages | : 180 |
Release | : 2018-03-05 |
Genre | : Political Science |
ISBN | : 0429975511 |
Download The Role Of The Supreme Court In American Politics Book in PDF, ePub and Kindle
When the Supreme Court's effectively decided the presidential election of 2000, it decision illustrated a classic question in American politics: what is the appropriate role for the Supreme Court? The dilemma is between judicial activism, the Court's willingness to make significant changes in public policy, and judicial restraint, the Court's willingness to confine the use and extent of its power. While the Framers of the Constitution felt that the judiciary would be the "least dangerous branch" of government, many have come to the conclusion that courts govern America, a notion at odds with democratic government.Richard Pacelle traces the historical ebb and flow of the Court's role in the critical issues of American politics: slavery, free speech, religion, abortion, and affirmative action. Pacelle examines the arguments for judicial restraint, including that unelected judges making policy runs against democratic principles, and the arguments for judicial activism, including the important role the court has played as a protector of minority rights. Pacelle suggests that there needs to be a balance between judicial activism and restraint in light of the constraints on the institution and its power. Stimulating and sure to generate discussion, The Supreme Court in American Politics is a concise supplemental text for American Government and Judicial Politics course.