Partisan Supremacy
Partisan Supremacy

Author: Terri Jennings Peretti

Publisher: University Press of Kansas

Published: 2020-11-20

Total Pages: 376

ISBN-13: 0700630198

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“I have no agenda,” US Supreme Court Chief Justice John Roberts proclaimed at his Senate confirmation hearing: “My job is to call balls and strikes and not to pitch or bat.” This declaration was in keeping with the avowed independence of the judiciary. It also, when viewed through the lens of Roberts’s election law decisions, appears to be false. With a scrupulous reading of judicial decisions and a careful assessment of partisan causes and consequences, Terri Jennings Peretti tells the story of the GOP’s largely successful campaign to enlist judicial aid for its self-interested election reform agenda. Partisan Supremacy explores four contemporary election law issues—voter identification, gerrymandering, campaign finance, and the preclearance regime of the Voting Rights Act—to uncover whether Republican politicians and Republican judges have collaborated to tilt America’s election rules in the GOP’s favor. Considering cases from Shelby County v. Holder, which enfeebled the Voting Rights Act, to Crawford v. Marion County Election Board, which upheld restrictive voter identification laws, to Citizens United and McCutcheon, which loosened campaign finance restrictions, Peretti lays bare the reality of “friendly” judicial review and partisan supremacy when it comes to election law. She nonetheless finds a mixed verdict in the redistricting area that reveals the limits of partisan control over judicial decisions. Peretti’s book helpfully places the current GOP’s voter suppression campaign in historical context by acknowledging similar efforts by the postCivil War Democratic Party. While the modern Democratic Party seeks electoral advantage by expanding voting by America’s minorities and youth, arguably hewing closer to democratic principles, neither party is immune to the powerful incentive to bend election rules in its favor. In view of the evidence that Partisan Supremacy brings to light, we are left with a critical and pressing question: Can democracy survive in the face of partisan collaboration across the branches of government on critical election issues?

The Partisan Republic
The Partisan Republic

Author: Gerald Leonard

Publisher: Cambridge University Press

Published: 2019-01-31

Total Pages: 259

ISBN-13: 1107024161

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Provides a compelling account of early American constitutionalism in the Founding era.

How America Got It Right
How America Got It Right

Author: Bevin Alexander

Publisher: Three Rivers Press

Published: 2006-08

Total Pages: 322

ISBN-13: 1400052890

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A military historian and author of How Wars Are Won offers an objective analysis of America's role in world affairs, looking at the enduring ideals and institutions that set America apart, American actions and decisions from its early days to the end of the Cold War, and the policies developed in the wake of September 11. Reprint. 20,000 first printing.

Gerrymanders
Gerrymanders

Author: Brent Tarter

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9780813943206

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Many are aware that gerrymandering exists and suspect it plays a role in our elections, but its history goes far deeper, and its impacts are far greater, than most realize. In his latest book, Brent Tarter focuses on Virginia's long history of gerrymandering to uncover its immense influence on the state's politics and to provide perspective on how the practice impacts politics nationally. Offering the first in-depth historical study of gerrymanders in Virginia, Tarter exposes practices going back to nineteenth century and colonial times and explains how they protected land owners' and slave owners' interests. The consequences of redistricting and reapportionment in modern Virginia--in effect giving a partisan minority the upper hand in all public policy decisions--become much clearer in light of this history. Where the discussion of gerrymandering has typically emphasized political parties' control of Congress, Tarter focuses on the state legislatures that determine congressional district lines and, in most states, even those of their own districts. On the eve of the 2021 session of the General Assembly, which will redraw district lines for Virginia's state Senate and House of Delegates, as well as for the U.S. House of Representatives, Tarter's book provides an eye-opening investigation of gerrymandering and its pervasive effect on our local, state, and national politics and government.

The Partisan Republic
The Partisan Republic

Author: Gerald Leonard

Publisher: Cambridge University Press

Published: 2019-01-31

Total Pages: 259

ISBN-13: 1108650783

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The Partisan Republic is the first book to unite a top down and bottom up account of constitutional change in the Founding era. The book focuses on the decline of the Founding generation's elitist vision of the Constitution and the rise of a more 'democratic' vision premised on the exclusion of women and non-whites. It incorporates recent scholarship on topics ranging from judicial review to popular constitutionalism to place judicial initiatives like Marbury vs Madison in a broader, socio-legal context. The book recognizes the role of constitutional outsiders as agents in shaping the law, making figures such as the Whiskey Rebels, Judith Sargent Murray, and James Forten part of a cast of characters that has traditionally been limited to white, male elites such as James Madison, Alexander Hamilton, and John Marshall. Finally, it shows how the 'democratic' political party came to supplant the Supreme Court as the nation's pre-eminent constitutional institution.

Southern Nation
Southern Nation

Author: David A. Bateman

Publisher: Princeton University Press

Published: 2018-07-10

Total Pages: 484

ISBN-13: 0691126496

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How southern members of Congress remade the United States in their own image after the Civil War No question has loomed larger in the American experience than the role of the South. Southern Nation examines how southern members of Congress shaped national public policy and American institutions from Reconstruction to the New Deal—and along the way remade the region and the nation in their own image. The central paradox of southern politics was how such a highly diverse region could be transformed into a coherent and unified bloc—a veritable nation within a nation that exercised extraordinary influence in politics. This book shows how this unlikely transformation occurred in Congress, the institutional site where the South's representatives forged a new relationship with the rest of the nation. Drawing on an innovative theory of southern lawmaking, in-depth analyses of key historical sources, and congressional data, Southern Nation traces how southern legislators confronted the dilemma of needing federal investment while opposing interference with the South's racial hierarchy, a problem they navigated with mixed results before choosing to prioritize white supremacy above all else. Southern Nation reveals how southern members of Congress gradually won for themselves an unparalleled role in policymaking, and left all southerners—whites and blacks—disadvantaged to this day. At first, the successful defense of the South's capacity to govern race relations left southern political leaders locally empowered but marginalized nationally. With changing rules in Congress, however, southern representatives soon became strategically positioned to profoundly influence national affairs.

Repugnant Laws
Repugnant Laws

Author: Keith E. Whittington

Publisher: University Press of Kansas

Published: 2020-05-18

Total Pages: 432

ISBN-13: 0700630368

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When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.

The Senate
The Senate

Author: Daniel Wirls

Publisher: University of Virginia Press

Published: 2021-09-23

Total Pages: 317

ISBN-13: 0813946913

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In this lively analysis, Daniel Wirls examines the Senate in relation to our other institutions of government and the constitutional system as a whole, exposing the role of the "world’s greatest deliberative body" in undermining effective government and maintaining white supremacy in America. As Wirls argues, from the founding era onward, the Senate constructed for itself an exceptional role in the American system of government that has no firm basis in the Constitution. This self-proclaimed exceptional status is part and parcel of the Senate’s problematic role in the governmental process over the past two centuries, a role shaped primarily by the combination of equal representation among states and the filibuster, which set up the Senate’s clash with modern democracy and effective government and has contributed to the contemporary underrepresentation of minority members. As he explains, the Senate’s architecture, self-conception, and resulting behavior distort rather than complement democratic governance and explain the current gridlock in Washington, D.C. If constitutional changes to our institutions are necessary for better governance, then how should the Senate be altered to be part of the solution rather than part of the problem? This book provides one answer.