The Struggle for Judicial Supremacy
Author | : Robert H. Jackson |
Publisher | : |
Total Pages | : 442 |
Release | : 1962 |
Genre | : Constitutional law |
ISBN | : |
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Author | : Robert H. Jackson |
Publisher | : |
Total Pages | : 442 |
Release | : 1962 |
Genre | : Constitutional law |
ISBN | : |
Author | : Robert Houghwout Jackson |
Publisher | : Octagon Press, Limited |
Total Pages | : 361 |
Release | : 1979-01-01 |
Genre | : Constitutional law |
ISBN | : 9780374941307 |
Author | : Robert Houghwout Jackson |
Publisher | : |
Total Pages | : 361 |
Release | : 1941 |
Genre | : |
ISBN | : |
Author | : Robert Houghwout Jackson (rechter.) |
Publisher | : |
Total Pages | : 0 |
Release | : 1941 |
Genre | : |
ISBN | : |
Author | : Robert Houghwout Jackson (Jurist, USA) |
Publisher | : |
Total Pages | : 361 |
Release | : 1941 |
Genre | : |
ISBN | : |
Author | : Robert Houghwout Jackson |
Publisher | : |
Total Pages | : 353 |
Release | : 1941 |
Genre | : |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 15 |
Release | : 2000 |
Genre | : Constitutional law |
ISBN | : |
Author | : Joseph P. Dailey |
Publisher | : Hillcrest Publishing Group |
Total Pages | : 537 |
Release | : 2014 |
Genre | : History |
ISBN | : 0615816347 |
In 1958, Chief Justice Earl Warren claimed the Supreme Court had the exclusive power to interpret the Constitution and said its authority had been respected by the nation for 200 year. Even for Warren, it was a remarkable misstatement. Just how remarkable is the subject of The Last Democrats, the story of how four presidents, Jefferson, Madison, Jackson, and Lincoln - defeated claims of judicial supremacy, and how a fifth president, Franklin Roosevelt, lost everything they had gained. Drawing on letters, diaries, debates, and speeches, and filled with anecdotes that add color and drama, such as Lincoln's decision to issue an arrest warrent for Chief Justice Taney, the book recounts a largely forgotten history. The story begins in 1787 when a group of delegates to the Federal Convention gathered at Benjamin Franklin's home in Philadelphia to enjoy a csak of London stout and ale. In four months, this assembly of demi-gods, as Jefferson called them, created the first modern government run by the poeple. Popular sovereignty did not extend to the Court, but this book describes how the Framers made sure its power were limited. The story proceeds to the struggle between Jefferson and Chief Justice Marshall, including the decision in Marbury v. Madison that future courts used as a springboard in their rise to power. Jefferson said the Court twisted the Constitution like a piece of wax, and this book tells how he used impeachment proceedings to curb its power. The story continues with Jackson's refusal to enforce two Marshall rulings, followed by Taney's inflammatory ruling in Dred Scott v. Sanford that called blacks "an inferior class of beings." Lincoln openly defied Taney, but the practice of overriding election officials returned 30 years later as conservative judges blocked liberal efforts to institute social and economic reofrms. Progressives such as Teddy Roosevelt and Robert LaFollette attacked the rulings and paid dearly: Roosevelt was charged with "legalized terrorism" for opposing the courts, while LaFollette was called a Bolshevik, accused of flying the red flag. The Franklin Roosevelt chapter describes his court-packing plan and explains how one of his supporters, "Bolshevik Burt" Wheeler, led a mutiny against the plan in the Senate, where FDR was compared to Stalin, Mussolini, and Hitler. The Court claimed victory in the battle for supremacy in 1958, as presidents from Eisenhower to Bush stood by while the courts rewrote the Constitution on everything from school prayer to abortion, racial quotas, gay marriage, and the War on Terror. The book concludes with a discussion of the ideas that have been suggested to return the Court to the limited role envisioned by the Framers. -- from dust jacket.
Author | : Stephen Breyer |
Publisher | : Harvard University Press |
Total Pages | : 113 |
Release | : 2021-09-14 |
Genre | : Law |
ISBN | : 0674269365 |
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.
Author | : Keith E. Whittington |
Publisher | : Princeton University Press |
Total Pages | : 320 |
Release | : 2009-03-09 |
Genre | : Law |
ISBN | : 1400827752 |
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.