The Us Supreme Court And The Judicial Review Of Congress PDF Download
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Author | : Linda Camp Keith |
Publisher | : Peter Lang |
Total Pages | : 220 |
Release | : 2008 |
Genre | : History |
ISBN | : 9780820488806 |
Download The U.S. Supreme Court and the Judicial Review of Congress Book in PDF, ePub and Kindle
This book examines, from a behavioral perspective, the U.S. Supreme Court's exercise of the power of judicial review over Congress across two hundred years of the Court's history, testing the major competing theories in political science - the attitudinal model and the strategic approach - through systematic empirical analysis. Exploring the major trends in the Court's use of this power over time, the book examines a broad range of questions concerning the countermajoritarian nature of this power, and provides an analysis of each of the individual justices' behavior along several dimensions of the power, such as the use of judicial review to protect minority rights against majority intrusion. The book concludes that the Court has shown a high level of deference to Congress, with notable historic highs and lows, and generally that the exercise of the power has been less countermajoritarian than is usually assumed. Its analyses find the strongest level of support for the attitudinal approach to judicial decision making, but also concludes that strategic concerns cannot be dismissed, especially for the more recent Courts.
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights |
Publisher | : |
Total Pages | : 884 |
Release | : 1966 |
Genre | : Federal aid to education |
ISBN | : |
Download Judicial Review Book in PDF, ePub and Kindle
Considers S. 2097 and companion H.R. 2362, to enable any taxpayer to initiate a civil action challenging the constitutionality of Federal grant and loan programs to schools offering both secular and religious instruction.
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights |
Publisher | : |
Total Pages | : 508 |
Release | : 1966 |
Genre | : Judicial review |
ISBN | : |
Download Judicial Review Book in PDF, ePub and Kindle
Author | : Keith E. Whittington |
Publisher | : University Press of Kansas |
Total Pages | : 432 |
Release | : 2020-05-18 |
Genre | : Political Science |
ISBN | : 0700630368 |
Download Repugnant Laws Book in PDF, ePub and Kindle
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Author | : Raoul Berger |
Publisher | : Cambridge, Mass : Harvard University Press |
Total Pages | : 456 |
Release | : 1969 |
Genre | : Law |
ISBN | : |
Download Congress V. the Supreme Court Book in PDF, ePub and Kindle
Annotated text examines the legitimacy of judicial review.
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 | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights |
Publisher | : |
Total Pages | : 496 |
Release | : 1966 |
Genre | : Federal aid to education |
ISBN | : |
Download Judicial Review: March 8-10, 15-17, 1966. 482 p Book in PDF, ePub and Kindle
Author | : Colton C. Campbell |
Publisher | : Rowman & Littlefield Publishers |
Total Pages | : 164 |
Release | : 2002-05-09 |
Genre | : Political Science |
ISBN | : 0585389020 |
Download Congress Confronts the Court Book in PDF, ePub and Kindle
The Supreme Court is frequently portrayed as an isolated entity void of politics that reaches judgments by some unseen and unknowable logic. At the same time, Congress is cast as a singularly political enterprise with little regard for nuanced lawmaking. This volume of original essays by leading scholars shows both branches in a new light. It explores the impact of sustained partisan politics, the recent reassertion of legislative power at the expense of judicial review, and the sometimes stormy relationship between Congress and the Court.
Author | : |
Publisher | : |
Total Pages | : 90 |
Release | : 1937 |
Genre | : Constitutional law |
ISBN | : |
Download The Supreme Court Book in PDF, ePub and Kindle
Author | : Edward S. Corwin |
Publisher | : Routledge |
Total Pages | : 172 |
Release | : 2017-07-05 |
Genre | : Law |
ISBN | : 1351483498 |
Download The Doctrine of Judicial Review Book in PDF, ePub and Kindle
This book, first published in 1914, contains five historical essays. Three of them are on the concept of judicial review, which is defined as the power of a court to review and invalidate unlawful acts by the legislative and executive branches of government. One chapter addresses the historical controversy over states' rights. Another concerns the Pelatiah Webster Myth the notion that the US Constitution was the work of a single person.In "Marbury v. Madison and the Doctrine of Judicial Review," Edward S. Corwin analyzes the legal source of the power of the Supreme Court to review acts of Congress. "We, the People" examines the rights of states in relation to secession and nullification. "The Pelatiah Webster Myth" demolishes Hannis Taylor's thesis that Webster was the "secret" author of the constitution. "The Dred Scott Decision" considers Chief Justice Taney's argument concerning Scott's title to citizenship under the Constitution. "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties.Matthew J. Franck's new introduction to this centennial edition situates Corwin's career in the history of judicial review both as a concept and as a political reality.