One Supreme Court

Author: James E. Pfander
Publisher: Oxford University Press, USA
ISBN:
Size: 36.39 MB
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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

Author: Dana Royal Ulloth
Publisher: Ayer Publishing
ISBN: 9780405117800
Size: 76.67 MB
Format: PDF, ePub, Docs
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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.

Judicial Activism

Author: Christopher Wolfe
Publisher: Rowman & Littlefield
ISBN: 9780847685318
Size: 68.38 MB
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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"

The U S Supreme Court And The Judicial Review Of Congress

Author: Linda Camp Keith
Publisher: Peter Lang
ISBN: 9780820488806
Size: 75.27 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.

The Doctrine Of Judicial Review

Author: Edward Samuel Corwin
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584770112
Size: 80.99 MB
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The Doctrine Of Judicial Review. Corwin, Edward. The Doctrine of Judicial Review: Its Legal and Historical Basis and Other Essays. Princeton: Princeton University Press, 1914. ix, 178 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-32362. ISBN 1-58477-011-2. Cloth. $60. * Five essays examine the concept of "judicial review" from a historical perspective. The term is defined as the power and duty of a court to disregard ultra vires legislative acts. The essays are entitled "Marbury v. Madison and the Doctrine of Judicial Review," "We, the People," "The Peletiah Webster Myth," "The Dred Scott Decision," "Some Possibilities in the Way of Treaty-Making."