The Supreme Court and American Political Development

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Release : 2006-05-15
Genre : Law
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Book Rating : 397/5 ( reviews)

The Supreme Court and American Political Development - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Supreme Court and American Political Development write by Ronald Kahn. This book was released on 2006-05-15. The Supreme Court and American Political Development available in PDF, EPUB and Kindle. This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court. Moving beyond the traditional "law versus politics" perspective, the authors draw extensively on recent studies in American Political Development (APD) to present a much more complex and sophisticated view of the Court as both a legal and political entity. The contributors--including Pam Brandwein, Howard Gillman, Mark Graber, Ronald Kahn, Tom Keck, Ken Kersch, Wayne Moore, Carol Nackenoff, Julie Novkov, and Mark Tushnet--share an appreciation that the process of constitutional development involves a complex interplay between factors internal and external to the Court. They underscore the developmental nature of the Court, revealing how its decision-making and legal authority evolve in response to a variety of influences: not only laws and legal precedents, but also social and political movements, election returns and regime changes, advocacy group litigation, and the interpretive community of scholars, journalists, and lawyers. Initial chapters reexamine standard approaches to the question of causation in judicial decision-making and the relationship between the Court and the ambient political order. Next, a selection of historical case studies exemplifies how the Court constructs its own authority as it defines individual rights and the powers of government. They show how interpretations of the Reconstruction amendments inform our understanding of racial discrimination, explain the undermining of affirmative action after Bakke, and consider why Roe v. Wade has yet to be overturned. They also tell how the Court has collaborated with political coalitions to produce the New Deal, Great Society, and Reagan Revolution, and why Native Americans have different citizenship rights than other Americans. These contributions encourage further debate about the nature and processes of constitutional change and invite APD scholars to think about law and the Court in more sophisticated ways.

The Supreme Court and American Political Development

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Release : 2013
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The Supreme Court and American Political Development - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Supreme Court and American Political Development write by Ronald Kahn. This book was released on 2013. The Supreme Court and American Political Development available in PDF, EPUB and Kindle.

Political Institutions and American Political Development

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Release : 2001
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Political Institutions and American Political Development - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Political Institutions and American Political Development write by Jamie L. Carson. This book was released on 2001. Political Institutions and American Political Development available in PDF, EPUB and Kindle.

Political Foundations of Judicial Supremacy

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Release : 2009-03-09
Genre : Law
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Book Rating : 752/5 ( reviews)

Political Foundations of Judicial Supremacy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Political Foundations of Judicial Supremacy write by Keith E. Whittington. This book was released on 2009-03-09. Political Foundations of Judicial Supremacy available in PDF, EPUB and Kindle. Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.

The Supreme Court in American Politics

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Release : 1999
Genre : Law
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The Supreme Court in American Politics - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Supreme Court in American Politics write by Howard Gillman. This book was released on 1999. The Supreme Court in American Politics available in PDF, EPUB and Kindle. For decades political scientists studying the Court have adopted behavioral approaches and focused on the relatively narrow question of how the justices' policy preferences influence their voting behavior. This emphasis has illuminated important aspects of Supreme Court politics, but it has also left unaddressed many other important questions about this unique and fascinating institution. Drawing on "the new institutionalism" in the social sciences, the distinguished contributors to this volume attempt to fill this gap by exploring a variety of topics, including the Court's institutional development and its relationship to broader political contexts such as party regimes, electoral systems, social movements, social change, legal precedents, political identities, and historically evolving economic structures. The book's initial chapters examine the nature of the Court's distinctive norms as well as the development of its institutional powers and practice. A second section relates the development of Supreme Court politics to the historical development of other political institutions and social movements. Concluding chapters explore how its decision making in particular areas of law or periods of time is influenced by—and influences—its socio-political milieu. These contributions offer provocative insights regarding the Court's role in maintaining or disrupting political and economic structures, as well as social structures and identities tied to ideology, class, race, gender, and sexual orientation. The Supreme Court in American Politics shows how we can develop an enriched understanding of this institution, and open up exciting new areas of research by placing it in the broader context of politics in the United States.