Packing The Court

Author: James Macgregor Burns
Publisher: Penguin
ISBN: 1101081902
Size: 56.77 MB
Format: PDF
View: 4543

Download Read Online

Packing The Court. From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

One Supreme Court

Author: James E. Pfander
Publisher: Oxford University Press, USA
Size: 42.11 MB
Format: PDF, ePub
View: 3344

Download Read Online

One Supreme Court. 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.

The Supreme Court And The Constitution

Author: Charles A. Beard
Publisher: Courier Corporation
ISBN: 0486149617
Size: 69.30 MB
Format: PDF
View: 377

Download Read Online

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 Supreme Court

Author: Dana Royal Ulloth
Publisher: Ayer Publishing
ISBN: 9780405117800
Size: 65.38 MB
Format: PDF, Docs
View: 2631

Download Read Online

The Supreme Court. This doctoral dissertation contains analyses of 12 cases directly involving the FCC which were decided by the Supreme Court. Issues discussed include separation of judicial and administrative power, administrative shelters from the courts, judicial powers over the FCC and due process in Commission actions.

The U S Supreme Court And The Judicial Review Of Congress

Author: Linda Camp Keith
Publisher: Peter Lang
ISBN: 9780820488806
Size: 58.20 MB
Format: PDF
View: 7191

Download Read Online

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.

Judicial Activism

Author: Christopher Wolfe
Publisher: Rowman & Littlefield
ISBN: 9780847685318
Size: 21.98 MB
Format: PDF, Kindle
View: 6627

Download Read Online

Judicial Activism. In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. Stanley C. Brubaker, Colgate University"