The Supreme Court and Constitutional Democracy
The Supreme Court and Constitutional Democracy

Author: John Agresto

Publisher: Cornell University Press

Published: 2016-10-15

Total Pages: 184

ISBN-13: 1501712918

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In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.

Injustices
Injustices

Author: Ian Millhiser

Publisher: Bold Type Books

Published: 2016-06-28

Total Pages: 370

ISBN-13: 1568585853

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Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.

Overruling Democracy
Overruling Democracy

Author: Jamin B. Raskin

Publisher: Psychology Press

Published: 2004

Total Pages: 316

ISBN-13: 9780415948951

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The 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.

A Mere Machine
A Mere Machine

Author: Anna Harvey

Publisher: Yale University Press

Published: 2013-11-26

Total Pages: 385

ISBN-13: 0300171110

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In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.

Supreme Democracy
Supreme Democracy

Author: Richard Davis

Publisher: Oxford University Press

Published: 2017-06-06

Total Pages: 289

ISBN-13: 0190656972

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In the nineteenth and early twentieth centuries, Supreme Court nominations were driven by presidents, senators, and some legal community elites. Many nominations were quick processes with little Senate deliberation, minimal publicity and almost no public involvement. Today, however, confirmation takes 81 days on average-Justice Antonin Scalia's former seat has already taken much longer to fill-and it is typically a media spectacle. How did the Supreme Court nomination process become so public and so nakedly political? What forces led to the current high-stakes status of the process? How could we implement reforms to improve the process? In Supreme Democracy: The End of Elitism in the Supreme Court Nominations, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present. He examines the component parts of the nomination process one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, the news media, and public opinion. The most dramatic development, however, has been the democratization of politics. Davis delves into the constitutional underpinnings of the nomination process and its traditional form before describing a more democratic process that has emerged in the past half century. He details the struggle over image-making between supporters and opponents intended to influence the news media and public opinion. Most importantly, he provides a thorough examination of whether or not increasing democracy always produces better governance, and a better Court. Not only an authoritative analysis of the Supreme Court nomination process from the founding era to the present, Supreme Democracy will be an essential guide to all of the protracted nomination battles yet to come.

On Democracy's Doorstep
On Democracy's Doorstep

Author: J. Douglas Smith

Publisher: Macmillan

Published: 2014

Total Pages: 385

ISBN-13: 0809074230

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"The inside story of the Supreme Court decisions that brought true democracy to the United States Today, Earl Warren is recalled as the chief justice of a Supreme Court that introduced school desegregation and other dramatic changes to American society. In retirement, however, Warren argued that his court's greatest accomplishment was establishing the principle of "one person, one vote" in state legislative and congressional redistricting. Malapportionment, Warren recognized, subverted the will of the majority, privileging rural voters, and often business interests and whites, over others. In declaring nearly all state legislatures unconstitutional, the court oversaw a revolution that transformed the exercise of political power in the United States. On Democracy's Doorstep tells the story of this crucial--and neglected--episode. J. Douglas Smith follows lawyers, activists, and Justice Department officials as they approach the court. We see Attorney General Robert F. Kennedy pushing for radical change and idealistic lawyers in Alabama bravely defying their peers. We then watch as the justices edge toward their momentous decision. The Washington Post called the result a step "toward establishing democracy in the United States." But not everyone agreed; Smith shows that business lobbies and their political allies attempted to overturn the court by calling the first Constitutional Convention since the 1780s. Thirty-three states ratified their petition--just one short of the two-thirds required"--

Judicial Politics in Mexico
Judicial Politics in Mexico

Author: Andrea Castagnola

Publisher: Routledge

Published: 2016-11-03

Total Pages: 191

ISBN-13: 1315520605

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After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

Merely Judgment
Merely Judgment

Author: Martin J. Sweet

Publisher: University of Virginia Press

Published: 2010-11-23

Total Pages: 238

ISBN-13: 0813930774

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Merely Judgment uses affirmative action in government contracting, legislative vetoes, flag burning, hate speech, and school prayer as windows for understanding how Supreme Court decisions send signals regarding the Court’s policy preferences to institutions and actors (such as lower courts, legislatures, executive branches, and interest groups), and then traces the responses of these same institutions and actors to Court decisions. The lower courts nearly always abide by Supreme Court precedent, but, to a surprising degree, elected branches and other institutions avoid complying with Supreme Court decisions. To explain the persistence of unconstitutional policies and legislation, Sweet isolates the ability of institutions to derail the litigation process. Merely Judgment explores the mechanisms by which litigants and their peers have escaped from the clutches of litigation and thus effectively ignored, evaded, and trumped the Supreme Court.

The Agenda
The Agenda

Author: Ian Millhiser

Publisher:

Published: 2021-03-30

Total Pages:

ISBN-13: 9781734420760

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From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States. Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right--its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws.

Priests of Our Democracy
Priests of Our Democracy

Author: Marjorie Heins

Publisher: NYU Press

Published: 2013-02-04

Total Pages: 374

ISBN-13: 0814790518

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In the early 1950s, New York City’s teachers and professors became the targets of massive investigations into their political beliefs and associations. Those who refused to cooperate in the questioning were fired. Some had undoubtedly been communists, and the Communist Party-USA certainly made its share of mistakes, but there was never evidence that the accused teachers had abused their trust. Some were among the most brilliant, popular, and dedicated educators in the city. Priests of Our Democracy tells of the teachers and professors who resisted the witch hunt, those who collaborated, and those whose battles led to landmark Supreme Court decisions. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to every American.