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Author: Brandon L. Bartels
Publisher: Cambridge University Press
Published: 2020-08-20
Total Pages: 321
ISBN-13: 1107188415
DOWNLOAD EBOOKExplains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.
Author: Isodore Starr
Publisher:
Published: 1939
Total Pages:
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DOWNLOAD EBOOKAuthor: Venan Alessandroni
Publisher:
Published: 1936
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DOWNLOAD EBOOKAuthor: Tom S. Clark
Publisher: Cambridge University Press
Published: 2010-11-22
Total Pages: 357
ISBN-13: 1139492314
DOWNLOAD EBOOKThis book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.
Author: Lisa Hager
Publisher:
Published: 2016
Total Pages: 235
ISBN-13:
DOWNLOAD EBOOKOne of the ways the U.S. Congress attempts to constrain the Supreme Court's decision-making is through the introduction of Court-curbing legislation - bills that seek to limit judicial power. An underexplored relationship involves the public policy motivations behind Congress introducing Court-curbing bills and the Supreme Court responding to these bills. It is unclear when ideologically adverse judicial decisions are met with Court-curbing legislation as compared to other types of responses, such as overrides. Of further interest is determining when Congress uses the bills as position-taking endeavors or strategic attempts to shape public policy and influence the ideological content of judicial decisions. Additionally, it is unknown how the content of Court-curbing bills influences why the Court responds and for what reason. Accordingly, this study analyzes the introduction of Court-curbing legislation by Congress and responses by the Supreme Court from 1975-2008 (94th-110th Congresses). First, it is expected that ideological disagreement with judicial decisions and institutional conditions restricting the legislature's ability to override rulings - specifically legislative gridlock - influence the frequency of Court-curbing bills being introduced to pursue policy preferences. Second, Court-curbing bills - especially proposals that attempt to harness judicial power - are postulated to serve as a signal to the Court of the potential of a legislative override; however, responses by the justices are dictated by institutional conditions - particularly legislative gridlock - that signal the possibility of a reversal. Results suggest that ideological disagreement between the two branches and adverse decisions handed down by the Court lead to the introduction of Court-curbing bills, especially those that attempt to harness the Court's policymaking power. Although ideological disagreement with Congress leads to judicial deference to legislative preferences, the Court and the individual justices are relatively unresponsive to Congress and Court-curbing bills. Additionally, contrary to expectations, legislative gridlock does not increase attempts to manipulate the ideological content of judicial decisions through Court-curbing legislation nor decrease judicial responsiveness to such proposals. Despite these unexpected findings, the dissertation research contributes to the literature by positing and empirically testing an alternative, policy-oriented explanation for the introduction of Court-curbing bills and the Court's response to the legislation that also takes into account the content of the proposals. Thus, the research is directed at uniting two related, but distinct, bodies of literature on Court-Congress relations and providing a more complete view of the dynamics of Court-curbing.
Author: Richard Pacelle
Publisher: Routledge
Published: 2015-01-09
Total Pages: 346
ISBN-13: 1136657789
DOWNLOAD EBOOKThe U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Court’s work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people. Pacelle analyzes the Court’s interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system.
Author: H. Chris Tecklenburg
Publisher: Springer Nature
Published: 2020-04-21
Total Pages: 128
ISBN-13: 3030443795
DOWNLOAD EBOOKThis book examines the relationship between Congress and the Federal Judiciary over time. Several aspects of this separation of power dynamics are examined, including court curbing legislation, court structuring legislation, justiciability, and judicial review. Unlike prior works, this book examines this relationship from a bicameral perspective, as it is argued that there are different motivations and reasons as to why and how each chamber of Congress approaches its relationship with the federal judiciary. In addition, this book considers the role of the judiciary committee in the legislative process, as bills that were reported out of committee are examined. Several possible causes of this legislative activity and judicial responses are analyzed, including polarization, judicial review, unanimity on the court, the changing issue agenda of the Court, ideological institutional distance, and divided government. The results reveal that there are important differences with regard to how the chambers interact with the federal judiciary.
Author: Aziz Z. Huq
Publisher: Oxford University Press
Published: 2021
Total Pages: 193
ISBN-13: 0197556817
DOWNLOAD EBOOK"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Author: Walter F. Murphy
Publisher: Quid Pro Books
Published: 2014-08-31
Total Pages: 424
ISBN-13: 1610272684
DOWNLOAD EBOOKPrinceton political scientist Walter Murphy analyzed the role of Congress in trying to manage an activist Supreme Court at a time of seismic change in the law and evolving interplay between these powerful institutions. As the original dustjacket offered, this is a "first-rate assessment of the delicate balance of power between Congress and the Supreme Court as it affects the American political process." The new digital republication of this classic work adds a 2014 Foreword by law professor Thomas Baker, who notes the continuing relevance of Murphy's insights: "The principal object lesson he offers is that what happened in the 1950s happened before and will happen again, that separation of powers showdowns are cyclical." In sum, "This book was recognized immediately upon publication as an important contribution to the literature on separation of powers and in particular the constitutional dynamic between Congress and the Court." It "continues to enjoy in the canon of constitutional law" a recognized status, to both legal academics and political scientists, as Baker explains in his contemporary introduction. The new digital edition presents the original text and tables accurately and properly formatted as an ebook; it features active contents, linked chapter footnotes and endnotes, and even a fully-linked Index for continuity with the original print edition. Originally published by the University of Chicago Press, this is an authorized and unabridged new addition to the Classics of Law & Society Series from Quid Pro Books.
Author: Eric J. Segall
Publisher: Bloomsbury Publishing USA
Published: 2012-02-22
Total Pages: 281
ISBN-13:
DOWNLOAD EBOOKThis book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.
