Download or read book Against the Imperial Judiciary written by Matthew J. Franck and published by . This book was released on 1996 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Franck's reexamination of the place of natural law in the early Supreme Court is fresh, illuminating, and long overdue. His scholarship is incisive and profound; and the exegeses of early Supreme Court opinions are often brilliant". -- Robert L. Clinton, author of Marbury v. Madison and Judicial Review.
Download or read book Towards an Imperial Judiciary written by Nathan Glazer and published by . This book was released on 1975 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Imperial Judiciary written by Abram Chayes and published by American Enterprise Institute Press. This book was released on 1979 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Myth of the Imperial Judiciary written by Mark Kozlowski and published by NYU Press. This book was released on 2006-01-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.
Download or read book How to Dethrone the Imperial Judiciary written by Edwin Vieira and published by Vision Forum. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important constitutional issues of this generation concern the meaning of the rule of law and the ability of the people to enforce true law by restraining runaway activist judges. For decades, such judges have been simply making up law. What is worse, liberal and conservative lawmakers have been reinforcing such behavior by treating such rulings as if they are legitimate. Today, one in every three Americans have been killed by abortion simply because a handful of unelected officials said it was acceptable for these Americans to be killed. But issues like abortion and homosexual marriages can be resolved immediately, without special constitutional amendments, if we will simply avail ourselves of the measures given to us by our Founding Fathers to hold renegade and lawless judges accountable for their behavior. In this brilliant, accessible, and documented work, Dr. Edwin Vieira offers us the best researched and clearest overview to date of the power of the people to control a runaway judiciary. Author: Dr. Edwin Vieira Format: Paperback (328 pages)
Download or read book On the Imperial Judiciary and Comparative Institutional Development and Power in America written by Stephen C. Halpern and published by . This book was released on 1982 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Imperial Presidency Leads to an Imperial Congress Leads to an Imperial Judiciary written by Daniel Patrick Moynihan and published by . This book was released on 1978 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Imperial Justice written by Bonny Ibhawoh and published by Oxford University Press, USA. This book was released on 2013-09 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a vital study of the motivations of the British Imperial Appeal Courts and the tensions between the demands of imperial law and justice and those of African law and custom. Examining the central role of the Privy Council and the Courts, it reveals the impact of the colonized peoples in shaping the processes and outcomes of imperial justice.
Download or read book American Indian Sovereignty and the U S Supreme Court written by David E. Wilkins and published by University of Texas Press. This book was released on 1997 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Himself a Lumbee Indian and political scientist, David E. Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. These case studies--and their implications for all minority groups--are important and timely in the context of American government re-examining and redefining itself.
Download or read book An Imperial Judiciary written by and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Download or read book An Imperial Judiciary Fact Or Myth written by John Charles Daly and published by . This book was released on 1979 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Myth of the Imperial Judiciary written by Mark Kozlowski and published by NYU Press. This book was released on 2006 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring a foreword by Anthony Lewis, this book evaluates the role of the court system in our democracy and considers the claims that it has become too powerful.
Download or read book Courts and Congress written by Quirk and published by Transaction Publishers. This book was released on 2010-01-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Its often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse-the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions that affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls the Happy Convention, an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, the Happy Convention assigns the power to declare and make war to the president. Congress and the court play a supporting role-Congress, when requested, gives the president a blank check to use force-the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the president is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his party is likely to lose the next election. In this way, Quirk reminds us that the Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress assigns vast power, even the power to decide presidential elections-to the Imperial Court. The Founders, if you brought them back today would at least recognize the Congress and the president. They would be astounded to read that the courts are in actual peril. They would even less likely understand that the courts are on the ballot. The founders would not appreciate subjecting the judiciary to such partisan political rule; nor claims William Quirk, should it be.
Download or read book From Irrelevant to Imperial written by Richard Pacelle and published by Routledge. This book was released on 2020-02-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores one of the most important and enduring questions in American politics: the debate over the appropriate role of the judicial branch in American politics.
Download or read book The American Commonwealth written by James Bryce and published by . This book was released on 1891 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Justice of Constantine written by John Dillon and published by University of Michigan Press. This book was released on 2012-07-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of Constantine the Great's legislation and government
