Download or read book The Court Vs Congress written by Edward Keynes and published by . This book was released on 1989 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1960s the Supreme Court and its congressional critics have been locked in a continuing dispute over the issues of school prayer, busing, and abortion. Although for years the Court's congressional foes have introduced legislation designed to curb the powers of the federal courts in these areas, they have until now failed to enact such proposals. It is likely that these legislative efforts and the present confrontation with the Court will continue. Edward Keynes and Randall Miller argue that Congress lacks the constitutional power to legislate away the powers of the federal courts and to prevent individuals from seeking redress for presumed infringements of their constitutional rights in these areas. They demonstrate that neither the framers nor ratifiers of the Constitution intended the Congress to exercise plenary power over the appellate jurisdiction of the Supreme Court. Throughout its history the Court has never conceded unlimited powers to Congress; and until the late 1950s Congress had not attempted to gerrymander the Court's jurisdiction in response to specific decisions. But the authors contend this is just what the sponsors of recent legislative attacks on the Court intend, and they see such efforts as threatening the Court's independence and authority as defined in the separation of powers clauses of the Constitution.
Download or read book Congress V the Supreme Court written by Raoul Berger and published by Cambridge, Mass : Harvard University Press. This book was released on 1969 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotated text examines the legitimacy of judicial review.
Download or read book Congress Or the Supreme Court which Shall Rule America written by Egbert Ray Nichols and published by . This book was released on 1935 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Congress Versus the Supreme Court 1957 1960 written by C. Herman Pritchett and published by . This book was released on 1961 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress Versus the Supreme Court, 1957-1960 was first published in 1961. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. This is an account of the effort made in the last two sessions of Congress to curb the Supreme Court because of certain liberal decisions of the Court, and an analysis of the reasons for the congressional failure. Many times in history Congress has objected to Court decisions and has tried to retaliate against the Court. The most recent period of difficulty traces back to the Court's school segregation decisions in 1954, but not until the Court took a liberal line in certain national security cases in 1956 and 1957 was an organized effort made in Congress to attack it. Professor Pritchett analyzes the specific decisions which aroused congressional concern and reviews the methods by which their reversal was sought. The failure of this effort to curb the Court is important to an understanding of the role of the Supreme Court in the American governmental system. This book is an expansion of the Guy Stanton Ford lectures given by Mr. Pritchett at the University of Minnesota.
Download or read book Congress Against the Court written by Adam Carlyle Breckenridge and published by Lincoln : University of Nebraska Press. This book was released on 1970 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Congress Versus the Supreme Court 1957 1960 written by Charles Herman Pritchett and published by . This book was released on 1961 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress Versus the Supreme Court, 19571960 was first published in 1961. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. This is an account of the effort made in the last two sessions of Congress to curb the Supreme Court because of certain liberal decisions of the Court, and an analysis of the reasons for the congressional failure. Many times in history Congress has objected to Court decisions and has tried to retaliate against the Court. The most recent period of difficulty traces back to the Court's school segregation decisions in 1954, but not until the Court took a liberal line in certain national security cases in 1956 and 1957 was an organized effort made in Congress to attack it. Professor Pritchett analyzes the specific decisions which aroused congressional concern and reviews the methods by which their reversal was sought. The failure of this effort to curb the Court is important to an understanding of the role of the Supreme Court in the American governmental system. This book is an expansion of the Guy Stanton Ford lectures given by Mr. Pritchett at the University of Minnesota.
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1972 with total page 1462 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Supreme Court versus Congress written by William B. Glidden and published by Bloomsbury Publishing USA. This book was released on 2015-03-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and focused review of all of the Supreme Court's overturns of Congress on constitutional grounds from 1789 to the present suited to college-level political science and constitutional law courses as well as law school students. The always-controversial practice of judicial review of Congress is not prescribed in the Constitution, but is arguably a valid way to protect the rights of individuals or guard against unfair rule by the majority. This book offers a historical review and indictment of the Supreme Court's overruling of Congress, ultimately taking a position that this has been more detrimental than beneficial to the democratic process in the United States, and that in the aggregate rights of individuals and minorities would have been better served if the relevant laws of Congress had been enforced rather than struck down by the Court. Written by an author who is a historian and a lawyer, the book covers all Supreme Court overrides of Congress through 2014, including major historical turning points in Supreme Court legislation and such recent and relevant topics as the Affordable Care Act, limits on contributions to political candidates and campaigns from wealthy individuals, and the Defense of Marriage Act. The discussions of specific cases are made in relevant context and focus on "big picture" themes and concepts without skipping key details, making this a useful volume for law and university level students while also being accessible to general readers.
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 Congress Versus the Supreme Court 1957 1960 written by Charles Herman Pritchett and published by New York : Da Capo Press, 1973 [c1961]. This book was released on 1973-01-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Habeas Corpus written by Charles Doyle and published by Nova Publishers. This book was released on 2007 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Download or read book Prejudicial Appearances written by Robert C. Post and published by Duke University Press. This book was released on 2001-10-19 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Prejudicial Appearances noted legal scholar Robert C. Post argues modern American antidiscrimination law should not be conceived as protecting the transcendental dignity of individual persons but instead as transforming social practices that define and sustain potentially oppressive categories like race or gender. Arguing that the prevailing logic of American antidiscrimination law is misleading, Post lobbies for deploying sociological understandings to reevaluate the antidiscrimination project in ways that would render the law more effective and just. Four distinguished commentators respond to Post’s provocative essay. Each adopts a distinctive perspective. K. Anthony Appiah investigates the philosophical logic of stereotyping and of equality. Questioning whether the law ought to endorse any social practices that define persons, Judith Butler explores the tension between sociological and postmodern approaches to antidiscrimination law. Thomas C. Grey examines whether Post’s proposal can be reconciled with the values of the rule of law. And Reva B. Siegel applies critical race theory to query whether antidiscrimination law’s reshaping of race and gender should best be understood in terms of practices of subordination and stratification. By illuminating the consequential rhetorical maneuvers at the heart of contemporary U.S. antidiscrimination law, Prejudical Appearances forces readers to reappraise the relationship between courts of law and social behavior. As such, it will enrich scholars interested in the relationships between law, rhetoric, postmodernism, race, and gender.
Download or read book Narrowing the Nation s Power written by John T. Noonan and published by Univ of California Press. This book was released on 2002-08-21 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law professor exposes the Supreme Court's systematic unraveling of Federal power since the Reagan administration, revealing its role in transfering power to the states. (Politics & Government)
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 Supreme Power Franklin Roosevelt vs the Supreme Court written by Jeff Shesol and published by W. W. Norton & Company. This book was released on 2011-03-14 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A stunning work of history."—Doris Kearns Goodwin, author of No Ordinary Time and Team of Rivals Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices—and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.
Download or read book Constitutional Deliberation in Congress written by J. Mitchell Pickerill and published by Duke University Press. This book was released on 2004-05-17 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Constitutional Deliberation in Congress J. Mitchell Pickerill analyzes the impact of the Supreme Court’s constitutional decisions on Congressional debates and statutory language. Based on a thorough examination of how Congress responds to key Court rulings and strategizes in anticipation of them, Pickerill argues that judicial review—or the possibility of it—encourages Congressional attention to constitutional issues. Revealing critical aspects of how laws are made, revised, and refined within the separated system of government of the United States, he makes an important contribution to “constitutionalism outside the courts” debates. Pickerill combines legislative histories, extensive empirical findings, and interviews with current and former members of Congress, congressional staff, and others. He examines data related to all of the federal legislation struck down by the Supreme Court from the beginning of the Warren Court in 1953 through the 1996–97 term of the Rehnquist Court. By looking at the legislative histories of Congressional acts that invoked the Commerce Clause and presented Tenth Amendment conflicts—such as the Child Labor Act (1916), the Civil Rights Act (1965), the Gun-Free School Zones Act (1990), and the Brady Bill (1994)—Pickerill illuminates how Congressional deliberation over newly proposed legislation is shaped by the possibility of judicial review. The Court’s invalidation of the Gun-Free School Zones Act in its 1995 ruling United States v. Lopez signaled an increased judicial activism regarding issues of federalism. Pickerill examines that case and compares congressional debate over constitutional issues in key pieces of legislation that preceded and followed it: the Violence Against Women Act of 1994 and the Hate Crimes Prevention Act of 1997. He shows that Congressional attention to federalism increased in the 1990s along with the Court’s greater scrutiny.
