Download or read book The Political Question Doctrine and the Supreme Court of the United States written by Nada Mourtada-Sabbah and published by Lexington Books. This book was released on 2007-01-11 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of the Political Question Doctrine is at a crucial crossroads as the Supreme Court continues to test new 'War on Terrorism' initiatives. Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, the doctrine's many ambiguities have allowed a roughly defined juxtaposition of the branches of government during previous years when the Republic was concerned with both international matters and those within its continental confines. The Political Question Doctrine and the Supreme Court of the United States discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns. Nada Mourtada-Sabbah and Bruce E. Cain bring together critical essays that examine the broad issues of judicial involvement in politics and the future of the doctrine. With a wide range of historical and theoretical perspectives, this book will stimulate debate among those interested in political science and legal studies.

Download or read book The Political Question Doctrine written by Congressional Research Congressional Research Service and published by CreateSpace. This book was released on 2014-12-23 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article III of the Constitution restricts the jurisdiction of federal courts to deciding actual "Cases" and "Controversies." The Supreme Court has articulated several "justiciability" doctrines emanating from Article III that restrict when federal courts will adjudicate disputes. One justiciability concept is the political question doctrine, according to which federal courts will not adjudicate certain controversies because their resolution is more proper within the political branches. Because of the potential implications for the separation of powers when courts decline to adjudicate certain issues, application of the political question doctrine has sparked controversy. Because there is no precise test for when a court should find a political question, however, understanding exactly when the doctrine applies can be difficult. The doctrine's origins can be traced to Chief Justice Marshall's opinion in Marbury v. Madison; but its modern application stems from Baker v. Carr, which provides six independent factors that can present political questions. These factors encompass both constitutional and prudential considerations, but the Court has not clearly explained how they are to be applied. Further, commentators have disagreed about the doctrine's foundation: some see political questions as limited to constitutional grants of authority to a coordinate branch of government, while others see the doctrine as a tool for courts to avoid adjudicating an issue best resolved outside of the judicial branch. Supreme Court case law after Baker fails to resolve the matter. The Court has historically applied the doctrine in a small but disparate number of cases, without applying clear rules for lower courts to follow. Possibly as a result of the murky nature of the doctrine, it has regularly been invoked in lower federal courts in cases concerning foreign policy. However, a recent Supreme Court case, Zivotofsky v. Clinton, appears to have narrowed the scope of the political question doctrine. In a suit seeking the vindication of a statutory right in the foreign affairs context, the Court reversed a lower court's finding that the case posed a political question. The Court explained that the proper analysis in such a situation begins not by asking whether adjudicating the case would require review of the foreign policy decisions of the political branches, but instead examining whether the plaintiff correctly interpreted the statute, followed by determining whether the statute was constitutional. The Court's opinion appears to restrict the types of claims that can pose political questions, and seems to encourage courts to decide more statutory claims on the merits. In turn, the decision could lead to increased judicial resolution of controversies concerning the separation of powers, rather than resolutions between the political branches themselves.

Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme Court—how 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 “politicians in robes”—their 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 Court’s history, he suggests that the judiciary’s hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, “no influence over either the sword or the purse,” the Court earned its authority by making decisions that have, over time, increased the public’s 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 public’s 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.

Download or read book The Doctrine of Political Questions in Federal Courts written by Oliver Peter Field and published by . This book was released on 1924 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Political Questions Judicial Answers written by Thomas M. Franck and published by Princeton University Press. This book was released on 2012-05-05 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost since the beginning of the republic, America's rigorous separation of powers among Executive, Legislative, and Judicial Branches has been umpired by the federal judiciary. It may seem surprising, then, that many otherwise ordinary cases are not decided in court even when they include allegations that the President, or Congress, has violated a law or the Constitution itself. Most of these orphan cases are shunned by the judiciary simply because they have foreign policy aspects. In refusing to address the issues involved, judges indicate that judicial review, like politics, should stop at the water's edge--and foreign policy managers find it convenient to agree! Thomas Franck, however, maintains that when courts invoke the "political question" doctrine to justify such reticence, they evade a constitutional duty. In his view, whether the government has acted constitutionally in sending men and women to die in foreign battles is just as appropriate an issue for a court to decide as whether property has been taken without due process. In this revisionist work, Franck proposes ways to subject the conduct of foreign policy to the rule of law without compromising either judicial integrity or the national interest. By examining the historical origins of the separation of powers in the American constitutional tradition, with comparative reference to the practices of judiciaries in other federal systems, he broadens and enriches discussions of an important national issue that has particular significance for critical debate about the "imperial presidency."

Download or read book May It Please the Court written by Brian L. Porto and published by CRC Press. This book was released on 2008-10-17 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite their clarity and sophistication, most judicial process texts currently available have two significant limitations. First, they understate the effects of legal factors such as stare decisis on judicial decision-making and second, they fail to convey the human emotions involved in litigation. Reflecting the author’s experience as a political scientist, law student, judicial clerk, practicing attorney, and law professor, May It Please the Court: Judicial Processes and Politics in America, Second Edition redresses this imbalance by giving well-deserved attention to legal influences on judicial decisions and to the human drama of litigation. Each chapter reflects the book’s premise that the judicial process operates at the intersection of law and politics, and this theme guides the discussions. The coverage in the book is far-reaching, exploring numerous topics, including the structure of federal and state courts, the selection and removal of judges, and the legal profession’s history and culture. It discusses two hypothetical cases, outlining their trial and appellate proceedings. It also presents an engaging debate about the legitimacy and the utility of judicial policy making. New to this edition: Expanded appendices, including a discussion of computerized legal research New illustrative cases, documents, and web references All chapters updated to reflect changes since the first publication in 2001 The final chapter summarizes the theme of the book, noting that courts not only enforce norms and resolve disputes, but also, as a coequal branch of government, shape the fundamental power relationships that drive American politics. The chapter ends by observing that the judicial process offers a window on the entire American political system. This book clarifies the view from that window.

Download or read book How Courts Govern America written by Richard Neely and published by Yale University Press. This book was released on 1981-01-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Political Science. A witty defense of judicial activism.--National Review. Must reading for any student of government.--Washington Monthly

Download or read book The Constrained Court written by Michael A. Bailey and published by Princeton University Press. This book was released on 2011-09-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.

Download or read book Judging Law and Policy written by Robert M. Howard and published by Routledge. This book was released on 2012-03-22 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.

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 It s Not Personal written by Logan Dancey and published by University of Michigan Press. This book was released on 2020-04-21 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to be confirmed to a lifetime appointment on the federal bench, all district and circuit court nominees must appear before the Senate Judiciary Committee for a confirmation hearing. Despite their relatively low profile, these lower court judges make up 99 percent of permanent federal judgeships and decide cases that relate to a wide variety of policy areas. To uncover why senators hold confirmation hearings for lower federal court nominees and the value of these proceedings more generally, the authors analyzed transcripts for all district and circuit court confirmation hearings between 1993 and 2012, the largest systematic analysis of lower court confirmation hearings to date. The book finds that the time-consuming practice of confirmation hearings for district and circuit court nominees provides an important venue for senators to advocate on behalf of their policy preferences and bolster their chances of being re-elected. The wide variation in lower court nominees’ experiences before the Judiciary Committee exists because senators pursue these goals in different ways, depending on the level of controversy surrounding a nominee. Ultimately, the findings inform a (re)assessment of the role hearings play in ensuring quality judges, providing advice and consent, and advancing the democratic values of transparency and accountability.

Download or read book Political Questions and the Supreme Courts of the U S A and India written by Indrani Ghosh and published by . This book was released on 1993 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Politics of Precedent on the U S Supreme Court written by Thomas G. Hansford and published by Princeton University Press. This book was released on 2018-06-05 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.

Download or read book Courts and Congress written by Robert A. Katzmann and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role should the Senate play in the selection and confirmation of judges? What criteria are appropriate in evaluating nominees? What kinds of questions and answers are appropriate in confirmation hearings? How do judges interpret laws enacted by Congress, and what problems do they face? And what kinds of communications are proper between judges and legislators? These questions go to the heart of the relationship between the federal judiciary and Congress—a relationship that critically shapes the administration of justice. The judiciary needs an environment respectful of its mission; and the legislative branch seeks a judicial system that faithfully construes its laws and efficiently discharges justice. But the judicial-congressional relationship is hindered by an array of issues, including an ever-rising judicial caseload, federalization of the law, resource constraints, concerns about the confirmation process, increasing legislative scrutiny of judicial decisionmaking and the administration of justice, and debates about how the courts should interpret legislation. Drawing on the world of scholarship and from personal experience, Robert A. Katzmann examines governance in judicial-congressional relations. After identifying problems, he offers ways to improve understanding between the two branches. Copublished with the Governance Institute

Download or read book Political Control of America s Courts written by Helena Silverstein and published by Bloomsbury Publishing USA. This book was released on 2023-01-18 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the many ways in which politics shapes the allegedly nonpartisan judicial system in America, ranging from how judges are selected to the bench to how they rule when they get there. Each title in the Contemporary Debates series examines the veracity of controversial claims or beliefs surrounding a major political/cultural issue in the United States. Each book gives readers a clear and unbiased understanding of current high-interest issues by informing them about falsehoods, half-truths, and misconceptions-and confirming the factual validity of other assertions-that have gained traction in America's cultural and political discourse. This volume in the series provides a deeply researched and even-handed account of the relationship between America's judicial branch-which is supposed to view law through a nonpartisan lens-and the sometimes poisonous partisanship that is such a notorious factor in the nation's other two branches of government. Is political combat over judicial nominations worse than ever before? What impact is the politicization of the courts having on public faith in the legitimacy of the courts and our wider political system? Was former Supreme Court justice Sandra Day right when she asserted that "judicial independence is a bedrock principle of our court system, and we are losing it"? This work will provide insights into all these questions and more.

Download or read book The Supreme Court and political Questions written by Philippa Strum and published by University : University of Alabama Press. This book was released on 1974 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Political Role of Law Courts in Modern Democracies written by Jerold Waltman and published by Springer. This book was released on 1988-02-23 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: No society can function without judicial institutions. At a minimum, conflict must be regulated and the criminal law enforced. Ironically, though, modern political science has tended to ignore the role of courts in advanced industrial societies, so much so that even basic information has often been unavailable. This book covers three important bases. First, it provides, for the first time, up-to-date material about the court systems - their structures, their personnel, their jurisdictions - of the major democratic nations. Second, it places the courts in their political context, eschewing legalism and stressing their linkages with other institutions and their role in the policy process. Third, there is an attempt to assess the direction of contemporary change, especially how it relates to broader themes of other types of political change.