The United States Supreme Courts Assault On The Constitution Democracy And The Rule Of Law PDF Download
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| Author | : Adam Lamparello |
| Publisher | : Routledge |
| Total Pages | : 295 |
| Release | : 2016-12-01 |
| Genre | : Law |
| ISBN | : 1315407760 |
Download The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law Book in PDF, ePub and Kindle
This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court’s decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I–V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court’s reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices’ judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.
| Author | : David A. Kaplan |
| Publisher | : Crown |
| Total Pages | : 480 |
| Release | : 2018-09-04 |
| Genre | : Political Science |
| ISBN | : 1524759929 |
Download The Most Dangerous Branch Book in PDF, ePub and Kindle
The former legal affairs editor of Newsweek takes us inside the secret world of the Supreme Court and shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. Never before has the Court been more central in American life. It is now the nine justices who too often decide the biggest issues of our time—from abortion and same-sex marriage to gun control, campaign finance, and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. The newest justice, Brett Kavanaugh—replacing Anthony Kennedy—is even more important, holding the swing vote over so much social policy. With the 2020 campaign underway, and with two justices in their ’80s, the Court looms even larger. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices, Kaplan provides fresh details about life behind the scenes at the Court: the reaction to Kavanaugh’s controversial arrival, the new role for Chief Justice John Roberts, Clarence Thomas's simmering rage, Antonin Scalia's death, Ruth Bader Ginsburg's celebrity, Breyer Bingo, and the petty feuding between Gorsuch and the chief justice. Kaplan offers a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United. (He also faults the Court for not getting involved when it should—for example, to limit partisan gerrymandering.) But the arrogance of the Court isn't partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court's transcendent power, as well as presenting an intimate inside look at the Court, The Most Dangerous Branch is sure to rile both sides of the political aisle.
| Author | : Jamin B. Raskin |
| Publisher | : Psychology Press |
| Total Pages | : 316 |
| Release | : 2004 |
| Genre | : Political questions and judicial power |
| ISBN | : 9780415948951 |
Download Overruling Democracy Book in PDF, ePub and Kindle
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 | : Sonja Grover |
| Publisher | : Routledge |
| Total Pages | : 186 |
| Release | : 2022-06-23 |
| Genre | : Law |
| ISBN | : 1000599728 |
Download The Democratic Rule of Law on Trial Book in PDF, ePub and Kindle
This book examines selected high-profile U.S. First Amendment cases occurring during the Trump era as a vehicle for exploring a possible fundamental commonality in understanding the democratic rule of law globally. In each of these cases, the adjudicating body’s analytical legal strategy is discussed in terms of how it reinforces or detracts from the democratic rule of law. It was and continues to be highly internationally anticipated as to what legal examples are being set by this established democracy when confronted by legal contests between the former Trump administration and those alleging their rights were somehow violated by the executive of that time. Thus, the book is instructive for an international audience on the essential role of the courts in protecting democracy through providing, where supported by the law and the facts, a remedy for the aggrieved comparatively powerless. The book will be essential reading for academics and researchers working in the areas of constitutional law, politics and human rights.
| Author | : John Agresto |
| Publisher | : Cornell University Press |
| Total Pages | : 184 |
| Release | : 2016-10-15 |
| Genre | : Law |
| ISBN | : 1501712918 |
Download The Supreme Court and Constitutional Democracy Book in PDF, ePub and Kindle
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
| Author | : Anna Harvey |
| Publisher | : Yale University Press |
| Total Pages | : 385 |
| Release | : 2013-11-26 |
| Genre | : Political Science |
| ISBN | : 0300171110 |
Download A Mere Machine Book in PDF, ePub and Kindle
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 | : David M. Driesen |
| Publisher | : Stanford University Press |
| Total Pages | : 323 |
| Release | : 2021-07-20 |
| Genre | : Law |
| ISBN | : 1503628620 |
Download The Specter of Dictatorship Book in PDF, ePub and Kindle
Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.
| Author | : |
| Publisher | : |
| Total Pages | : 472 |
| Release | : |
| Genre | : |
| ISBN | : 1524759902 |
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| Author | : William M. Wiecek |
| Publisher | : Cambridge University Press |
| Total Pages | : 760 |
| Release | : 2006-01-23 |
| Genre | : History |
| ISBN | : 9780521848206 |
Download The History of the Supreme Court of the United States Book in PDF, ePub and Kindle
The Birth of the Modern Constitution recounts the history of the United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution in the 1930s and Warren-Court judicial activism in the 1950s. 1941-1953 marked the emergence of legal liberalism, in the divergent activist efforts of Hugo Black, William O. Douglas, Frank Murphy, and Wiley Rutledge. The Stone/Vinson Courts consolidated the revolutionary accomplishments of the New Deal and affirmed the repudiation of classical legal thought, but proved unable to provide a substitute for that powerful legitimating explanatory paradigm of law. Hence the period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty-first century.
| Author | : Robert Riggs |
| Publisher | : iUniverse |
| Total Pages | : 342 |
| Release | : 2004-09 |
| Genre | : Law |
| ISBN | : 0595325009 |
Download Corrupted by Power Book in PDF, ePub and Kindle
Alexander Hamilton called the judiciary the "least dangerous" branch of government. He was right then but wrong today. Since Hamilton's time the Supreme Court has become a cardinal example of Lord Acton's famous dictum: "Power tends to corrupt; absolute power corrupts absolutely." It is not a corruption of bribes, or even of bad intentions, but of taking upon itself the right to alter the Constitution whenever past principles offend present preferences of five or more Justices. Corrupted by Power shows how the Constitution is repeatedly changed to mean whatever the Supreme Court wants it to mean. Precedent is followed only when past decisions support current opinions. Otherwise precedents are overruled, misrepresented or ignored. A conspicuous example is the judicial manufacture of new First Amendment rights, including rights to advocate criminal behavior, publish degrading sex and extreme violence, and advertise vice. Can the Constitution be rescued? Discover what can be done.
