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Narrowing the Nation's Power

Narrowing the Nation's Power
Author: John T. Noonan
Publisher: Univ of California Press
Total Pages: 214
Release: 2002-08-21
Genre: Law
ISBN: 0520235746

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The law professor exposes the Supreme Court's systematic unraveling of Federal power since the Reagan administration, revealing its role in transfering power to the states. (Politics & Government)


The Supreme Court of the United States

The Supreme Court of the United States
Author: David Heath
Publisher: Capstone
Total Pages: 52
Release: 1998-08
Genre: Juvenile Nonfiction
ISBN: 9780736800037

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Discusses the duties, powers, checks and balances, Chief Justices, and important decisions of the Supreme Court.


First Among Equals

First Among Equals
Author: Kenneth W. Starr
Publisher: Grand Central Publishing
Total Pages: 224
Release: 2008-12-14
Genre: Law
ISBN: 0446554162

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Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In First Among Equals Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, First Among Equals sheds new light on the most frequently misunderstood legal pillar of American life.


Overruled

Overruled
Author: Damon Root
Publisher: Macmillan + ORM
Total Pages: 278
Release: 2014-11-04
Genre: Political Science
ISBN: 1137474688

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From Damon Root, a senior editor of Reason magazine, Overruled: The Long War for Control of the U.S. Supreme Court is “the most thorough account of the libertarian-conservative debate over judicial review...a valuable guide to both the past and the potential future of these important issues” (The Washington Post). Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today’s blockbuster legal battles over gay rights, gun control, and health care reform. It’s a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. But many libertarians have no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.


The Case Against the Supreme Court

The Case Against the Supreme Court
Author: Erwin Chemerinsky
Publisher: Penguin
Total Pages: 281
Release: 2014-09-25
Genre: Political Science
ISBN: 0698176316

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A preeminent constitutional scholar offers a hard-hitting analysis of the Supreme Court over the last two hundred years Most Americans share the perception that the Supreme Court is objective, but Erwin Chemerinsky, one of the country’s leading constitutional lawyers, shows that this is nonsense and always has been. The Court is made up of fallible individuals who base decisions on their own biases. Today, the Roberts Court is promoting a conservative agenda under the guise of following a neutral methodology, but notorious decisions, such as Bush vs. Gore and Citizens United, are hardly recent exceptions. This devastating book details, case by case, how the Court has largely failed throughout American history at its most important tasks and at the most important times. Only someone of Chemerinsky’s stature and breadth of knowledge could take on this controversial topic. Powerfully arguing for term limits for justices and a reassessment of the institution as a whole, The Case Against the Supreme Court is a timely and important book that will be widely read and cited for decades to come.


While Justice Sleeps

While Justice Sleeps
Author: Stacey Abrams
Publisher: Anchor
Total Pages: 545
Release: 2022-07-26
Genre: Fiction
ISBN: 0593469518

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#1 NEW YORK TIMES BEST SELLER • A gripping, complexly plotted thriller set within the halls of the U.S. Supreme Court, where a young law clerk finds herself embroiled in a shocking mystery crafted by one of the most preeminent judges in America—from celebrated national leader and bestselling author Stacey Abrams. "Abrams follows in Dan Brown’s footprint with this masterfully plotted thriller that unfolds like the ultimate chess match—bold move to bolder move with lives hanging in the balance."—Lisa Gardner, author of Before She Disappeared "A first-class legal thriller, favorably compared to many of the best, starting with The Pelican Brief, which it brings to mind. It’s fast-paced and full of surprises—a terrific read."—Scott Turow, author of Presumed Innocent Avery Keene, a brilliant young law clerk for the legendary Justice Howard Wynn, is doing her best to hold her life together—excelling in an arduous job with the court while also dealing with a troubled family. When the shocking news breaks that Justice Wynn—the cantankerous swing vote on many current high-profile cases—has slipped into a coma, Avery’s life turns upside down. She is immediately notified that Justice Wynn has left instructions for her to serve as his legal guardian and power of attorney. Plunged into an explosive role she never anticipated, Avery finds that Justice Wynn had been secretly researching one of the most controversial cases before the court—a proposed merger between an American biotech company and an Indian genetics firm, which promises to unleash breathtaking results in the medical field. She also discovers that Wynn suspected a dangerously related conspiracy that infiltrates the highest power corridors of Washington. As political wrangling ensues in Washington to potentially replace the ailing judge whose life and survival Avery controls, she begins to unravel a carefully constructed, chesslike sequence of clues left behind by Wynn. She comes to see that Wynn had a much more personal stake in the controversial case and realizes his complex puzzle will lead her directly into harm’s way in order to find the truth. While Justice Sleeps is a cunningly crafted, sophisticated novel, layered with myriad twists and a vibrant cast of characters. Drawing on her astute inside knowledge of the court and political landscape, Stacey Abrams shows herself to be not only a force for good in politics and voter fairness but also a major new talent in suspense fiction.


Justice Deferred

Justice Deferred
Author: Orville Vernon Burton
Publisher: Harvard University Press
Total Pages: 465
Release: 2021-05-04
Genre: Law
ISBN: 0674975642

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In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.


The Supreme Court

The Supreme Court
Author: William H. Rehnquist
Publisher: Vintage
Total Pages: 334
Release: 2007-12-18
Genre: Political Science
ISBN: 0307429415

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The sixteenth Chief Justice William H. Rehnquist’s classic book offers a lively and accessible history of the Supreme Court. Chief Justice Rehnquist’s engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall’s dominance of the Court during the early nineteenth century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society. The public often hears little about the Supreme Court until decisions are handed down. Here, Rehnquist reveals its inner workings--the process by which cases are chosen, the nature of the conferences where decisions are made, and the type of debates that take place. With grace and wit, this incisive history gives a dynamic and informative account of the most powerful court in the nation and how it has shaped the direction America has taken.


Scorpions

Scorpions
Author: Noah Feldman
Publisher: Hachette+ORM
Total Pages: 636
Release: 2010-11-08
Genre: History
ISBN: 0446575143

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A tiny, ebullient Jew who started as America's leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. Scorpians tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.


Dred Scott and the Problem of Constitutional Evil

Dred Scott and the Problem of Constitutional Evil
Author: Mark A. Graber
Publisher: Cambridge University Press
Total Pages: 300
Release: 2006-07-03
Genre: History
ISBN: 9781139457071

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Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.