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

Author: James E Pfander
Publisher: Oxford University Press
ISBN: 0190623551
Size: 22.68 MB
Format: PDF
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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.

The Supreme Court And The Constitution

Author: Charles A. Beard
Publisher: Courier Corporation
ISBN: 0486149617
Size: 10.48 MB
Format: PDF, ePub
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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 Supreme Court

Author: Dana Royal Ulloth
Publisher: Ayer Publishing
ISBN: 9780405117800
Size: 75.70 MB
Format: PDF, Kindle
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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.

Packing The Court

Author: James Macgregor Burns
Publisher: Penguin
ISBN: 1101081902
Size: 49.62 MB
Format: PDF, ePub, Docs
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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.

Raw Judicial Power

Author: Robert J. McKeever
Publisher: Manchester University Press
ISBN: 9780719048739
Size: 42.51 MB
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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.