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 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 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 Constitutional Inquiries written by Kelly R. Doyle and published by . This book was released on 2015 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article III of the Constitution established the judicial branch of the United States, consisting of the Supreme Court and of any "inferior Courts as the Congress may from time to time ordain and establish.... " To staff such courts, the Constitution empowered life-tenured and salary-protected judges to adjudicate certain "cases" or "controversies," including cases arising under the Constitution. The Supreme Court, in Marbury v. Madison, held that the judicial power to interpret the Constitution necessarily includes the power of judicial review--that is, the power to countermand the decisions by other government agents because a given decision contravenes the Constitution. The Supreme Court has established a host of loosely related rules generally called the constitutional avoidance doctrine that discourage a federal court from issuing broad rulings on matters of constitutional law. After providing general background on the power of judicial review and the major theories on the constitutional avoidance doctrine, this book explores the various rules that allow a court to avoid a ruling that invalidates a democratically enacted law and the logic behind those rules. This book provides an exploration of how the doctrine of constitutional avoidance has influenced some of the recent jurisprudence of the Roberts Court, criticisms of the doctrine, and the implications for Congress. The book also discusses the justiciability and the separation of powers in the political question doctrine, which the Supreme Court has articulated to restrict when federal courts will adjudicate disputes.
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 455 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 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 Federal Courts and the Law of Federal State Relations written by John C. Jeffries, Jr. and published by Foundation Press. This book was released on 2006-08-15 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supplements Low and Jeffries' Federal Courts and the Law of Federal-State Relations, 4th law school casebook. Contains cases decided since the release of the casebook and expertly drafted notes and questions for classroom discussion.
Download or read book The Federal Courts as a Political System written by Sheldon Goldman and published by . This book was released on 1976 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Download or read book Regulation of the Liquor Traffic written by American Academy of Political and Social Science and published by . This book was released on 1908 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Download or read book Impeachment written by Charles L. Black, Jr. and published by Yale University Press. This book was released on 2018-02-01 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published at the height of the Watergate crisis, Charles Black's classic Impeachment: A Handbook has long been the premier guide to the subject of presidential impeachment. Now thoroughly updated with new chapters by Philip Bobbitt, it remains essential reading for every concerned citizen. Praise for Impeachment: "To understand impeachment, read this book. It shows how the rule of law limits power, even of the most powerful, and reminds us that the impact of the law on our lives ultimately depends on the conscience of the individual American."--Bill Bradley, former United States senator "The most important book ever written on presidential impeachment."--Lawfare "A model of how so serious an act of state should be approached."--Wall Street Journal "A citizen's guide to impeachment. . . . Elegantly written, lucid, intelligent, and comprehensive."--New York Times Book Review "The finest text on the subject I have ever read."--Ben Wittes
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 186 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 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 Interpreting the Constitution written by Erwin Chemerinsky and published by Praeger. This book was released on 1987-11-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpreting The Constitution doesn't fit neatly into the extensive literature on judicial review and constitutional interpretation that reconciles judicial review with democracy defined as majority rule. Indeed, Chemerinsky criticizes this method of interpretation and contends that the Constitution exists to protect political minorities and fundamental rights from majority rule. Chapter by chapter, he keenly defends this unique method of interpretation, challenges the general approach, and offers thorough, expert coverage.
Download or read book The Supreme Court in American Politics written by Howard Gillman and published by . This book was released on 1999 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades political scientists studying the Court have adopted behavioral approaches and focused on the relatively narrow question of how the justices' policy preferences influence their voting behavior. This emphasis has illuminated important aspects of Supreme Court politics, but it has also left unaddressed many other important questions about this unique and fascinating institution. Drawing on "the new institutionalism" in the social sciences, the distinguished contributors to this volume attempt to fill this gap by exploring a variety of topics, including the Court's institutional development and its relationship to broader political contexts such as party regimes, electoral systems, social movements, social change, legal precedents, political identities, and historically evolving economic structures. The book's initial chapters examine the nature of the Court's distinctive norms as well as the development of its institutional powers and practice. A second section relates the development of Supreme Court politics to the historical development of other political institutions and social movements. Concluding chapters explore how its decision making in particular areas of law or periods of time is influenced by—and influences—its socio-political milieu. These contributions offer provocative insights regarding the Court's role in maintaining or disrupting political and economic structures, as well as social structures and identities tied to ideology, class, race, gender, and sexual orientation. The Supreme Court in American Politics shows how we can develop an enriched understanding of this institution, and open up exciting new areas of research by placing it in the broader context of politics in the United States.
Download or read book Courts Judges Politics written by Walter F. Murphy and published by McGraw-Hill Humanities, Social Sciences & World Languages. This book was released on 2002 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic reader has been a best selling component to the Judicial Process/Judicial Politics/American Legal System course for years. Now thoroughly updated while retaining the features that made it attractive for so long: organization, structure, coverage, narrative, choice of excerpts, and flexibility in use, Lee Epstein and Walter Murphy continue the tradition of this book.
