Download or read book State Sovereignty and the Burger Court written by James R. Alexander and published by . This book was released on 1986* with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Semblances of Sovereignty written by T. Alexander Aleinikoff and published by Harvard University Press. This book was released on 2009-07-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.
Download or read book The Tenth Amendment and State Sovereignty written by Mark Robert Killenbeck and published by Rowman & Littlefield. This book was released on 2002 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the 2000 Election, the relationship between the Supreme Court and the American states has become more important. Once derided by the Supreme Court as a 'truism, ' the Tenth Amendment has in recent years been transformed from a neglected provision into a vital 'first principle.' As such, it has provided the foundation for a series of decisions in which the Supreme Court has elevated the status of the states, often at the expense of federal power and in the face of previously settled assumptions. In this important volume, four prominent scholars--two historians and two law professors--examine carefully one of the central tenets in the Supreme Court's recent Tenth Amendment jurisprudence: the assumption that the results fashioned by a narrow majority are compelled by history and consistent with the intentions of the framers. They shed important new light on a series of decisions that mark a major change in our thinking about the nature of a constitutional system within which both the federal government and the states properly regard themselves as sovereign entities.
Download or read book A Nation of States written by Kermit L. Hall and published by Taylor & Francis. This book was released on 2000 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book The Burger Court and Civil Liberties written by William Reeves Thomas and published by . This book was released on 1979 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Burger Years written by Herman Schwartz and published by Viking Adult. This book was released on 1987 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights and wrongs in the Supreme Court, 1969-1986.
Download or read book The Burger Court written by Vincent Blasi and published by . This book was released on 1983 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses rulings of the Burger Court on freedom of the press, freedom of speech, poor people's rights, criminal investigation, family law, race discrimination, sex discrimination, labor law, antitrust law, etc.
Download or read book The Burger Court written by Tinsley E. Yarbrough and published by ABC-CLIO. This book was released on 2000-11-21 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the rulings which were made during the years Warren Earl Burger served as chief justice of the United States Supreme Court from 1969 to 1986.
Download or read book The Burger Court written by and published by . This book was released on 1980 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Neither Conservative Nor Liberal written by Francis Graham Lee and published by Krieger Publishing Company. This book was released on 1983 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Burger Court written by Bernard Schwartz and published by Oxford University Press, USA. This book was released on 1998 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Warren E. Burger served as Chief Justice of the Supreme Court from 1969 to 1987, an often tumultuous period in which the Court wrestled with several compelling constitutional issues. An impressive collection of writings by legal scholars and practitioners, including many by people who worked directly or indirectly with the Court itself. The Burger Court: Counter-Revolution or Confirmation? is the first truly systematic review of the Court's activity during Warren Burger's tenure. Such distinguished contributors as Derrick Bell, Robert Drinan, Anthony Lewis, and Mark Tushnet review individual cases and jurisprudential trends in order to render comprehensive judgments of the Court's accomplishments and shortcomings.
Download or read book The Supreme Court and Constitutional Theory 1953 1993 written by Ronald Kahn and published by . This book was released on 1994 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ronald Kahn greatly revises our understanding of Supreme Court decision making and its relation to constitutional theory in the eras of chief justices Earl Warren, Warren Burger, and William Rehnquist. In the process, he refutes the longstanding stereotypes of an activist Warren Court trying to legislate individual rights and of a visionless Burger Court hiding in its predecessor's shadows. Kahn contends that the dominant view of the Supreme Court as just another political institution is incorrect. That view depicts an unprincipled court wavering before external politics and public opinion or bending to the political agendas of individual justices. Kahn counters that justices throughout the postwar epoch, while well aware of the political environment, have consistently relied upon legal precedent and constitutional principles-especially in cases relating to individual rights and popular sovereignty. The Burger Court in particular, Kahn argues, had both a coherent vision and a highly complex understanding of malfunctions in the American polity and of fundamental rights in the Constitution. He cites as salient examples the Burger Court's controversial decision in Roe v. Wade and its decisions regarding gender equality, religious freedom, and the right to education of all children, even illegal aliens. He suggests that this same sensitivity, despite enormous popular and political pressures, has been demonstrated by the Rehnquist Court's decision in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992). Kahn effectively reveals how the Supreme Court is influenced by its ongoing dialogue with scholars, judges, journalists, and others who debate the connections between constitutional law and democratic government. His critique of works by such prominent theorists as Robert Dahl, Martin Shapiro, Vincent Blasi, Anthony Lewis, Archibald Cox, Alexander Bickel, Herbert Wechsler, John Hart Ely, and Laurence Tribe, among others, provides valuable insights into this exchange between the court and its "interpretive community." His chapter on the new civic republicans like Michael Perry, Mark Tushnet, and Sanford Levinson, is especially provocative in its analysis of a potentially more productive guide for jurisprudence in the 1990s. Combining theoretical sophistication with a fundamental comprehension of our nation's political institutions, Kahn's study should help demystify for scholars and students alike the workings of the Court and its place in our democracy.
Download or read book Supreme Inequality written by Adam Cohen and published by Penguin. This book was released on 2021-02-23 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: “With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
Download or read book The Burger Court written by Charles M. Lamb and published by University of Illinois Press. This book was released on 1991 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers valuable insights into the thirteen justices who served on the Supreme Court while Warren E. Burger was chief justice, from 1969 to 1986. Each chapter focuses on one of the thirteen, beginning with a brief introduction and biographical sketch and then analyzing the individual justice's contributions to major areas and issues of constitutional law.
Download or read book Repugnant Laws written by Keith E. Whittington and published by University Press of Kansas. This book was released on 2020-05-18 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book La Cour supr me des tats Unis written by Christian Lerat and published by Presses Univ de Bordeaux. This book was released on 1989 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
