Download or read book The Usurped Power of the Courts written by Allan Louis Benson and published by . This book was released on 1911 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courting Disaster written by and published by Thomas Nelson Inc. This book was released on with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Political Foundations of Judicial Supremacy written by Keith E. Whittington and published by Princeton University Press. This book was released on 2009-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Government by Judiciary written by Raoul Berger and published by Studies in Jurisprudence and L. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Download or read book The People and the Court written by Charles Lund Black (Jr.) and published by . This book was released on with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proceedings of 1st 6th National Conference American Society for Judicial Settlement of International Disputes 1910 16 written by American Society for Judicial Settlement of International Disputes and published by . This book was released on 1917 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proceedings of National Conference American Society for Judicial Settlement of International Disputes written by American Society for Judicial Settlement of International Disputes and published by . This book was released on 1917 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dumbing Down the Courts written by John R. Lott, Jr. and published by Hillcrest Publishing Group. This book was released on 2013-09-17 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges have enormous power. They determine whom we can marry, whether we can own firearms, whether the government can mandate that we buy certain products, and how we define "personhood." But who gets to occupy these powerful positions? Up until now, there has been little systematic study of what type of judges get confirmed. In his rigorous yet readable style, John Lott analyzes both historical accounts and large amounts of data to see how the confirmation process has changed over time. Most importantly, Dumbing Down the Courts shows that intelligence has now become a liability for judicial nominees. With courts taking on an ever greater role in our lives, smarter judges are feared by the opposition. Although presidents want brilliant judges who support their positions, senators of the opposing party increasingly "Bork" those nominees who would be the most influential judges, subjecting them to humiliating and long confirmations. The conclusion? The brightest nominees will not end
Download or read book Constitutional Conscience written by H. Jefferson Powell and published by University of Chicago Press. This book was released on 2008-09-15 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
Download or read book Proceedings of International Conference written by American Society for Judicial Settlement of International Disputes and published by . This book was released on 1917 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The American Doctrine of Judicial Supremacy written by Charles Grove Haines and published by . This book was released on 1914 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Tobacco Worker written by E. Lewis Evans and published by . This book was released on 1922 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proceedings of International Conference Under the Auspices of American Society for Judicial Settlement of International Disputes written by American Society for Judicial Settlement of International Disputes and published by . This book was released on 1917 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Motorman and Conductor written by and published by . This book was released on 1920 with total page 1046 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vols. 19- include the Proceedings of the Association's 12-27th annual conventions.
Download or read book Motorman Conductor and Motor Coach Operator written by and published by . This book was released on 1920 with total page 1044 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vols. include the Proceedings of the association's 12th-27th annual conventions.
