Download or read book The Limits of Judicial Power written by William Lasser and published by UNC Press Books. This book was released on 2017-10-01 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Download or read book Limitations of Judicial Power written by Emory Washburn and published by . This book was released on 1875 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Limits of Judicial Power written by William Lasser and published by . This book was released on 1988 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Limits of Judicial Power: The Supreme Court in American Politics
Download or read book Judicial Self limitation written by William Ogden Farber and published by . This book was released on 1935 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Limits of Judicial Independence written by Tom S. Clark and published by Cambridge University Press. This book was released on 2010-11-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.
Download or read book Curbing the Courts written by Gary L. McDowell and published by . This book was released on 1988-01-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Judicial Process written by E. W. Thomas and published by Cambridge University Press. This book was released on 2005-09-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
Download or read book The Separation of Powers and Legislative Interference in Judicial Process written by Peter Gerangelos and published by Hart Publishing. This book was released on 2009-04-10 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the judicial process, or to interfere with judicial functions, to secure outcomes consistent with their policy objectives or interests. Cases of high political moment are usually involved, where the temptation, indeed political imperative, for legislatures to intervene can be overwhelming. Although the methods of intervention are various, ranging from the direct and egregious to the subtle and imperceptible, unbridled legislative power in this regard has been a continuing concern in all common law jurisdictions. Prominent examples include direct legislative interference in pending cases, usurpation of judicial power by legislatures, limitations on the jurisdiction of courts, strategic amendments to law applicable to cases pending appeal, and attempts directly to overturn court decisions in particular cases. Because the doctrine of the separation of powers, as an entrenched constitutional rule, is a major source of principle, the book will examine in detail the jurisprudence of the United States and Australia in particular. These jurisdictions have identical constitutional provisions entrenching that doctrine as well as the most developed jurisprudence on this point. The legal position in the United Kingdom, which does not have an entrenched separation of powers doctrine, will be examined as a counterpoint. Other relevant jurisdictions (such as Canada, Ireland and India) are also examined in the context of particular principles, particularly when their respective jurisprudence is rather more developed on discrete points. The book examines how the relevant constitutional principles strive to maintain the primacy of the law-making role of the legislature in a representative democracy and yet afford the decisional independence of the judiciary that degree of protection essential to protect it from the legislature's 'impetuous vortex', to borrow the words of James Madison from The Federalist (No 48).
Download or read book Curbing the Courts written by Gary L. McDowell and published by . This book was released on 1988 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Limitations on Judicial Power and Review written by John Brundage and published by . This book was released on 1986 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Download or read book A Treatise On The Constitutional Limitations written by Thomas McIntyre Cooley and published by Sagwan Press. This book was released on 2018-02-08 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Judicial Function in Constitutional Limitation of Governmental Power written by Frank R. Strong and published by . This book was released on 1997 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strong identifies two concepts that have evolved for effectuation of limitation: indirect limitations (in which the defining feature is one of checks and balances) and direct limitations (which has its origins in the conviction that there exists a higher law forbidding abuse of mortal power). The Constitution of 1787 was saturated with indirect limitations, primarily separation of powers in the new federal government and federalism for divided authority between it and the States. The designed function for the Judiciary was to review this fractionation for distortions of it; friction would indirectly reduce thrusts of arbitrary behavior. Judicial Review involved no authority to determine constitutionality. The Bill of Rights of 1791 introduced several direct limitations, mostly procedural. The major substantive provisions were those of the First Amendment and Due Process of the Fifth. Chief Justice John Marshall asserted that the Supreme Court possessed authority to determine, with finality, all portions of the Constitution. Although effectively refuted, the usurpation prevailed and Constitutional Review has been tolerated. The record of the Court's exercise of this function is poor. Especially with direct substantive limitations there have been inexcusable misrepresentations of major guarantees. Some may be attributed to ignorance of constitutional history, but in this century there is growing evidence of intent to disregard that history as irrelevant for today. Thus arises the threat of an Imperial Judiciary, an arrogant and dangerous affront to the design of the Founders for government by consent of the governed. Strong urges major revisions in the Judicial Branch. He proposes two Supreme Courts - one for Judicial Review, the other for Constitutional Review - in response to the differing functions of review. Jurists of the latter would serve for a term of years and their power to determine constitutionality would be reduced to that of Advisory Review where, by genuine interpretation, the Constitution is silent. Amendment would be only by Article V.
Download or read book A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union written by Thomas McIntyre Cooley and published by . This book was released on 1890 with total page 1014 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Essay on Judicial Power and Unconstitutional Legislation written by Brinton Coxe and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coxe's main argument is that the "Constitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordingly" (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law.
Download or read book Statutory Limitations on Federal Jurisdiction written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and published by . This book was released on 1983 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt:
