Download or read book Overruled written by Damon Root and published by Macmillan + ORM. This book was released on 2014-11-04 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Damon Root, a senior editor of Reason magazine, Overruled: The Long War for Control of the U.S. Supreme Court is “the most thorough account of the libertarian-conservative debate over judicial review...a valuable guide to both the past and the potential future of these important issues” (The Washington Post). Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today’s blockbuster legal battles over gay rights, gun control, and health care reform. It’s a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. But many libertarians have no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.
Download or read book First Among Equals written by Kenneth W. Starr and published by Grand Central Publishing. This book was released on 2008-12-14 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In First Among Equals Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, First Among Equals sheds new light on the most frequently misunderstood legal pillar of American life.
Download or read book Justice Deferred written by Orville Vernon Burton and published by Harvard University Press. This book was released on 2021-05-04 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.
Download or read book The Case Against the Supreme Court written by Erwin Chemerinsky and published by Penguin Books. This book was released on 2015-09-29 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Download or read book The Supreme Court Phalanx written by Ronald Dworkin and published by New York Review of Books. This book was released on 2008 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A New York Review Books collection"--Cover.
Download or read book The Evil Twins Roe and Doe written by Brian Johnston and published by . This book was released on 2021-04-08 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: On January 22, 1973, the United States Supreme Court released two, interlocked abortion decisions overturning the laws of all 50 states. Only one, Roe v. Wade, tends to get much media attention, and it is popularly said that it grants a 'woman's right to choose'. But Justice Blackmun is in several places quite adamant: though it had been explicitly sought, he was not granting a women the 'right to choose.' In Doe v Bolton, the second and often unexamined, companion decision, Blackmun is explicit. The right he is granting is to the doctor. There is to be no cloud of prosecution. The 'freedom to choose' was granted to the physician. For the first time in Western Civilization the doctor was no longer constrained by the oath to 'never harm' another human being; the doctor was free to kill. Medical ethics has never been the same and the repercussions are still being felt.
Download or read book The Evil Supreme Court written by Walter Picca and published by iUniverse. This book was released on 2005-08 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTENTS 1. The dissenting opinion 2. Ten major strikes 3. Read all about it! 4. Timeline 5. Seven types of US obstruction of justice 6. Breaking news 7. Judge-would you look at fifty flaws in the Andersen ruling. 8. Let's review the evidence again. 9. There are at least four corrupt persuaders 10. Conclusion 11. My last Judgment 12. Parents should decide
Download or read book Narrowing the Nation s Power written by John T. Noonan Jr. and published by Univ of California Press. This book was released on 2002-08-21 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission—has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.
Download or read book Supreme Myths written by Eric J. Segall and published by Bloomsbury Publishing USA. This book was released on 2012-02-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.
Download or read book Supreme Conflict written by Jan Crawford Greenburg and published by Penguin. This book was released on 2007 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses recent ideological shifts within the Supreme Court, profiles controversial judges, and analyzes the changing role of judicial power in American government.
Download or read book Injustices written by Ian Millhiser and published by Bold Type Books. This book was released on 2016-06-28 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.
Download or read book Complete Idiot s Guide to the Supreme Court written by Lita Epstein and published by Penguin. This book was released on 2004 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ultimate look at our ultimate court. The Supreme Court is the highest court in America and the ultimate authority in constitutional interpretation. The Complete Idiot's Guide(r) to the Supreme Court presents an easy-to-understand, informative, and even entertaining look at this fascinating institution, whose decisions affect our lives. This book will focus in depth on: € The inner workings of the Supreme Court € Landmark cases that continue to shape our lives (Roe v. Wade, Miranda v. Arizona, Brown v. Board of Education) € Discussion of the latest controversial appointee, capital punishment, racial-preference cases, abortion rights, and more
Download or read book Scorpions written by Noah Feldman and published by . This book was released on 2014-07-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""Scorpions" tells the story of four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself, exploring the constitutional battles of the Roosevelt era (1940s and 1950s) and their contemporary relevance."--Book jacket.
Download or read book Justices Presidents and Senators written by Henry Julian Abraham and published by Rowman & Littlefield. This book was released on 2008 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how United States presidents select justices for the Supreme Court, evaluates the performance of each justice, and examines the influence of politics on their selection.
Download or read book Lincoln s Supreme Court written by David Mayer Silver and published by Urbana : University of Illinois Press. This book was released on 1956 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the justices in the Supreme Court who served during America's darkest hour, and how Lincoln was able to govern effectively, even though he stretched his Constitutional authority to the limits.
Download or read book Showdown written by Wil Haygood and published by Knopf. This book was released on 2015 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The author of The Butler presents a revelatory biography of the first African-American Supreme Court justice--one of the giants of the civil rights movement, and one of the most transforming Supreme Court justices of the 20th century, "--Novelist.
Download or read book The United States Supreme Court written by Steven R. Schlesinger and published by . This book was released on 1983 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
