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Author: Anna Harvey
Publisher: Yale University Press
Published: 2013-11-26
Total Pages: 385
ISBN-13: 0300171110
DOWNLOAD EBOOKIn this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.
Author: Kermit L. Hall
Publisher: Oxford University Press
Published: 2005-10-27
Total Pages: 611
ISBN-13: 0199883742
DOWNLOAD EBOOKIn recent years the Supreme Court has been at the center of such political issues as abortion rights, the administration of police procedures, and the determination of the 2000 presidential election. The checks and balances provided by the three branches of federal government are essential to nurturing and maintaining American democracy. With the guidance of coeditors Kermit L. Hall and Kevin T. McGuire, this volume of essays examines the role of the Judicial Branch in American democracy and the dynamic between the other branches of government, compares international models, and discusses possible measures for reform. The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.
Author: Gary May
Publisher: Basic Books
Published: 2013-04-09
Total Pages: 337
ISBN-13: 0465050735
DOWNLOAD EBOOKWhen the Fifteenth Amendment of 1870 granted African Americans the right to vote, it seemed as if a new era of political equality was at hand. Before long, however, white segregationists across the South counterattacked, driving their black countrymen from the polls through a combination of sheer terror and insidious devices such as complex literacy tests and expensive poll taxes. Most African Americans would remain voiceless for nearly a century more, citizens in name only until the passage of the 1965 Voting Rights Act secured their access to the ballot. In Bending Toward Justice, celebrated historian Gary May describes how black voters overcame centuries of bigotry to secure and preserve one of their most important rights as American citizens. The struggle that culminated in the passage of the Voting Rights Act was long and torturous, and only succeeded because of the courageous work of local freedom fighters and national civil rights leaders -- as well as, ironically, the opposition of Southern segregationists and law enforcement officials, who won public sympathy for the voting rights movement by brutally attacking peaceful demonstrators. But while the Voting Rights Act represented an unqualified victory over such forces of hate, May explains that its achievements remain in jeopardy. Many argue that the 2008 election of President Barack Obama rendered the act obsolete, yet recent years have seen renewed efforts to curb voting rights and deny minorities the act's hard-won protections. Legal challenges to key sections of the act may soon lead the Supreme Court to declare those protections unconstitutional. A vivid, fast-paced history of this landmark piece of civil rights legislation, Bending Toward Justice offers a dramatic, timely account of the struggle that finally won African Americans the ballot -- although, as May shows, the fight for voting rights is by no means over.
Author: Sheldon Whitehouse
Publisher: New Press, The
Published: 2017-02-21
Total Pages: 237
ISBN-13: 1620972085
DOWNLOAD EBOOKA U.S. senator, leading the fight against money in politics, chronicles the long shadow corporate power has cast over our democracy In Captured, U.S. Senator and former federal prosecutor Sheldon Whitehouse offers an eye-opening take on what corporate influence looks like today from the Senate Floor, adding a first-hand perspective to Jane Mayer’s Dark Money. Americans know something is wrong in their government. Senator Whitehouse combines history, legal scholarship, and personal experiences to provide the first hands-on, comprehensive explanation of what's gone wrong, exposing multiple avenues through which our government has been infiltrated and disabled by corporate powers. Captured reveals an original oversight by the Founders, and shows how and why corporate power has exploited that vulnerability: to strike fear in elected representatives who don’t “get right” by threatening million-dollar "dark money" election attacks (a threat more effective and less expensive than the actual attack); to stack the judiciary—even the Supreme Court—in "business-friendly" ways; to "capture” the administrative agencies meant to regulate corporate behavior; to undermine the civil jury, the Constitution's last bastion for ordinary citizens; and to create a corporate "alternate reality" on public health and safety issues like climate change. Captured shows that in this centuries-long struggle between corporate power and individual liberty, we can and must take our American government back into our own hands.
Author: Jeffrey Rosen
Publisher: Oxford University Press
Published: 2006-06-19
Total Pages: 257
ISBN-13: 0195174437
DOWNLOAD EBOOKLooks at some of the most important Supreme Court cases in history and contends that the Supreme Court is most successful when it defers to the constitutional views of the American people.
Author: Albert P. Melone
Publisher: Beard Books
Published: 2004-09
Total Pages: 2
ISBN-13: 1587982390
DOWNLOAD EBOOKIn an attempt to assess the Supreme Court's role in shaping constitutional law, this book examines the issues of whether judicial review is a usurpation of power and whether it is compatible with democratic theory.
Author: Jamin B. Raskin
Publisher: Psychology Press
Published: 2004
Total Pages: 316
ISBN-13: 9780415948951
DOWNLOAD EBOOKThe current five-vote majority on the Supreme Court may be the most divisive, anti-democratic court in American history. Overruling Democracy disputes the majority's awful rulings on third parties, race, high schools and corporations.
Author: Geneva Overholser
Publisher: Oxford University Press
Published: 2005-05-26
Total Pages: 503
ISBN-13: 0195172833
DOWNLOAD EBOOKAmerican democracy is built on its institutions. The Congress, the presidency, and the judiciary, in particular, undergird the rights and responsibilities of every citizen. The free press, for example, protected by the First Amendment, allows for the dissent so necessary in a democracy. How has this institution changed since the nation's founding? And what can we, as leaders, policymakers, and citizens, do to keep it vital?The freedom of the press is an essential element of American democracy. With the guidance of editors Geneva Overholser and Kathleen Hall Jamieson, this volume examines the role of the press in a democracy, investigating alternative models used throughout world history to better understand how the American press has evolved into what it is today. The commission also examines ways to allow more voices to be heard and to improve the institution of the American free press.The Press, a collection of essays by the nation's leading journalism scholars and professionals, will examine the history, identity, roles, and future of the American press, with an emphasis on topics of concern to both practitioners and consumers of American media.
Author: William J. Novak
Publisher: Harvard University Press
Published: 2022-03-29
Total Pages: 385
ISBN-13: 0674260449
DOWNLOAD EBOOKThe activist state of the New Deal started forming decades before the FDR administration, demonstrating the deep roots of energetic government in America. In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. A series of legal reforms gradually brought an end to nineteenth-century traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked through legislation, regulation, and public administration. The last time American public life had been so thoroughly altered was in the late eighteenth century, at the founding and in the years immediately following. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated peopleÕs rights. Over the course of decades, Americans progressively discarded earlier understandings of the reach and responsibilities of government and embraced the idea that legislators and administrators in Washington could tackle economic regulation and social-welfare problems. As citizens witnessed the successes of an energetic, interventionist state, they demanded more of the same, calling on politicians and civil servants to address unfair competition and labor exploitation, form public utilities, and reform police power. Arguing against the myth that America was a weak state until the New Deal, New Democracy traces a steadily aggrandizing authority well before the Roosevelt years. The United States was flexing power domestically and intervening on behalf of redistributive goals for far longer than is commonly recognized, putting the lie to libertarian claims that the New Deal was an aberration in American history.
Author: Justin Crowe
Publisher: Princeton University Press
Published: 2012-03-25
Total Pages: 313
ISBN-13: 1400842573
DOWNLOAD EBOOKHow did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
