A Court Divided
A Court Divided

Author: Mark V. Tushnet

Publisher: W. W. Norton & Company

Published: 2005

Total Pages: 392

ISBN-13: 9780393058680

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In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

Public Opinion and the Rehnquist Court
Public Opinion and the Rehnquist Court

Author: Thomas R. Marshall

Publisher: SUNY Press

Published: 2009-01-01

Total Pages: 286

ISBN-13: 9780791473481

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Public Opinion and the Rehnquist Court offers the most thorough evidence yet in favor of the U.S. Supreme Court representing public opinion. Thomas R. Marshall analyzes more than two thousand nationwide public opinion polls during the Rehnquist Court era and argues that a clear majority of Supreme Court decisions agree with public opinion. He explains that the Court represents American attitudes when public opinion is well informed on a dispute and when the U.S. Solicitor General takes a position agreeing with poll majorities. He also finds that certain justices best represent public opinion and that the Court uses its review powers over the state and federal courts to bring judicial decision making back in line with public opinion. Finally, Marshall observes that unpopular Supreme Court decisions simply do not endure as long as do popular decisions. Book jacket.

The Will of the People
The Will of the People

Author: Barry Friedman

Publisher: Farrar, Straus and Giroux

Published: 2009-09-29

Total Pages: 623

ISBN-13: 1429989955

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In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.

Public Opinion and the Rehnquist Court
Public Opinion and the Rehnquist Court

Author: Thomas R. Marshall

Publisher: State University of New York Press

Published: 2009-01-01

Total Pages: 284

ISBN-13: 0791478815

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Public Opinion and the Rehnquist Court offers the most thorough evidence yet in favor of the U.S. Supreme Court representing public opinion. Thomas R. Marshall analyzes more than two thousand nationwide public opinion polls during the Rehnquist Court era and argues that a clear majority of Supreme Court decisions agree with public opinion. He explains that the Court represents American attitudes when public opinion is well informed on a dispute and when the U.S. Solicitor General takes a position agreeing with poll majorities. He also finds that certain justices best represent public opinion and that the Court uses its review powers over the state and federal courts to bring judicial decision making back in line with public opinion. Finally, Marshall observes that unpopular Supreme Court decisions simply do not endure as long as do popular decisions.

The U.S. Supreme Court and New Federalism
The U.S. Supreme Court and New Federalism

Author: Christopher P. Banks

Publisher: Rowman & Littlefield

Published: 2012

Total Pages: 363

ISBN-13: 0742535045

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Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation

The Partisan
The Partisan

Author: John A. Jenkins

Publisher: Public Affairs

Published: 2012-10-02

Total Pages: 370

ISBN-13: 1586488872

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Follows Rehnquist's career as a young lawyer in Arizona through his journey to Washington though the Warren and Burger courts to his twenty-year tenure as a Supreme Court Chief Justice who favored government power over individual rights.

Polls and Politics
Polls and Politics

Author: Michael A. Genovese

Publisher: State University of New York Press

Published: 2012-02-01

Total Pages: 205

ISBN-13: 0791485099

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This hard-hitting and engaging examination of polls and American politics asks an essential question: do polls contribute to the vitality of our democracy or are they undermining the health of our political system? Leading scholars address several key issues such as how various types of polls affect democracy, the meaning attributed to polling data by citizens and the media, the use of polls by presidents, and how political elites respond—or do not respond—to public polls. The contributors assert that while polls tread a fine line between informing and manipulating the public, they remain valuable so long as a robust democracy obliges its political leaders to respond to the expressed will of the people.