One Supreme Court Supremacy Inferiority And The Judicial Department Of The United States

Author: James E Pfander
Publisher: Oxford University Press
ISBN: 0190623551
Size: 33.87 MB
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One Supreme Court Supremacy Inferiority And The Judicial Department Of The United States. Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United States. Uncertainty persists about the basis on which state courts and federal agencies may hear federal claims and the degree to which federal courts must review their decisions. Scholars approach these questions from a range of vantage points and have arrived at widely varying conclusions about the relationship between congressional and judicial power. Deploying familiar forms of legal analysis, and relying upon a new account of the Court's supremacy in relation to lower courts and tribunals, James Pfander advances a departmental conception of the judiciary. He argues that Congress can enlist the state courts, lower federal courts, and administrative agencies to hear federal claims in the first instance, but all of these tribunals must operate within a hierarchical framework over which the "one supreme Court" identified in the Constitution exercises ultimate supervisory authority. In offering the first general account of the Court as department head, Pfander takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts and non-Article III tribunals, its control over the doctrine of vertical stare decisis, and its ability to craft rules of practice for the federal system.

Raw Judicial Power

Author: Robert J. McKeever
Publisher: Manchester University Press
ISBN: 9780719048739
Size: 54.38 MB
Format: PDF, Mobi
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Raw Judicial Power . This book presents an analysis of the modern Supreme Court which takes full account of both its legal and political aspects. The book has an empirical bias, and starts with an examination of the political and social forces which brought to prominence the kind of social issues of recent decades. Chapter Two traces the legal and judicial developments that have occurred roughly in parallel to, and sometimes in direct connection with, the rise of the social issue in American politics. Chapters Three to Seven analyze the Court's decisions in the major policy areas affected by these political and judgemental dynamics, namely abortion, capital punishment, affirmative action for racial minorities and women, and other cases including gay rights, pornography and governmental support for religious values. The concluding chapter examines the Court's suitability to continue to carry the political burden that it has acquired.

The Supreme Court And The Constitution

Author: Charles A. Beard
Publisher: Courier Corporation
ISBN: 0486149617
Size: 71.93 MB
Format: PDF, Kindle
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The Supreme Court And The Constitution. A thorough analysis of the early history and development of judicial review, this book by a preeminent scholar ranks among the most cited and highly regarded texts on law and government.

The Doctrine Of Judicial Review

Author: Edward S. Corwin
Publisher: Routledge
ISBN: 1351483498
Size: 44.83 MB
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The Doctrine Of Judicial Review. This book, first published in 1914, contains five historical essays. Three of them are on the concept of judicial review, which is defined as the power of a court to review and invalidate unlawful acts by the legislative and executive branches of government. One chapter addresses the historical controversy over states' rights. Another concerns the Pelatiah Webster Myth?the notion that the US Constitution was the work of a single person.In "Marbury v. Madison and the Doctrine of Judicial Review," Edward S. Corwin analyzes the legal source of the power of the Supreme Court to review acts of Congress. "We, the People" examines the rights of states in relation to secession and nullification. "The Pelatiah Webster Myth" demolishes Hannis Taylor's thesis that Webster was the "secret" author of the constitution. "The Dred Scott Decision" considers Chief Justice Taney's argument concerning Scott's title to citizenship under the Constitution. "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties.Matthew J. Franck's new introduction to this centennial edition situates Corwin's career in the history of judicial review both as a concept and as a political reality.

The U S Supreme Court And The Judicial Review Of Congress

Author: Linda Camp Keith
Publisher: Peter Lang
ISBN: 9780820488806
Size: 46.58 MB
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The U S Supreme Court And The Judicial Review Of Congress. This book examines, from a behavioral perspective, the U.S. Supreme Court’s exercise of the power of judicial review over Congress across two hundred years of the Court’s history, testing the major competing theories in political science - the attitudinal model and the strategic approach - through systematic empirical analysis. Exploring the major trends in the Court’s use of this power over time, the book examines a broad range of questions concerning the countermajoritarian nature of this power, and provides an analysis of each of the individual justices’ behavior along several dimensions of the power, such as the use of judicial review to protect minority rights against majority intrusion. The book concludes that the Court has shown a high level of deference to Congress, with notable historic highs and lows, and generally that the exercise of the power has been less countermajoritarian than is usually assumed. Its analyses find the strongest level of support for the attitudinal approach to judicial decision making, but also concludes that strategic concerns cannot be dismissed, especially for the more recent Courts.