The Limits of Judicial Independence

The Limits of Judicial Independence

Author: Tom S. Clark

Publisher: Cambridge University Press

Published: 2010-11-22

Total Pages: 357

ISBN-13: 1139492314

DOWNLOAD EBOOK

This 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.


The Nature of Supreme Court Power

The Nature of Supreme Court Power

Author: Matthew E. K. Hall

Publisher: Cambridge University Press

Published: 2013-09-12

Total Pages: 0

ISBN-13: 9781107617827

DOWNLOAD EBOOK

Few institutions in the world are credited with initiating and confounding political change on the scale of the United States Supreme Court. The Court is uniquely positioned to enhance or inhibit political reform, enshrine or dismantle social inequalities, and expand or suppress individual rights. Yet despite claims of victory from judicial activists and complaints of undemocratic lawmaking from the Court's critics, numerous studies of the Court assert that it wields little real power. This book examines the nature of Supreme Court power by identifying conditions under which the Court is successful at altering the behavior of state and private actors. Employing a series of longitudinal studies that use quantitative measures of behavior outcomes across a wide range of issue areas, it develops and supports a new theory of Supreme Court power. Matthew E. K. Hall finds that the Court tends to exercise power successfully when lower courts can directly implement its rulings; however, when the Court must rely on non-court actors to implement its decisions, its success depends on the popularity of those decisions. Overall, this theory depicts the Court as a powerful institution, capable of exerting significant influence over social change.


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

DOWNLOAD EBOOK

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.


Curbing the Court

Curbing the Court

Author: Brandon L. Bartels

Publisher: Cambridge University Press

Published: 2020-08-20

Total Pages: 321

ISBN-13: 1107188415

DOWNLOAD EBOOK

Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.


Law and Politics

Law and Politics

Author: Keith E. Whittington

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9780415680356

DOWNLOAD EBOOK

A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.


Strategic Party Government

Strategic Party Government

Author: Gregory Koger

Publisher: University of Chicago Press

Published: 2017-01-30

Total Pages: 234

ISBN-13: 022642474X

DOWNLOAD EBOOK

Why is Congress mired in partisan polarization? The conventional answer is that members of Congress and their constituencies fundamentally disagree with one other along ideological lines. But Gregory Koger and Matthew J. Lebo uncover a more compelling reason that today’s political leaders devote so much time to conveying their party’s positions, even at the expense of basic government functions: Both parties want to win elections. In Strategic Party Government, Koger and Lebo argue that Congress is now primarily a forum for partisan competition. In order to avoid losing, legislators unite behind strong party leaders, even when they do not fully agree with the policies their party is advocating. They do so in the belief that party leaders and voters will reward them for winning—or at least trying to win—these legislative contests. And as the parties present increasingly united fronts, partisan competition intensifies and pressure continues to mount for a strong party-building strategy—despite considerable disagreement within the parties. By bringing this powerful but underappreciated force in American politics to the forefront, Koger and Lebo provide a new interpretation of the problems facing Congress that is certain to reset the agenda for legislative studies.


Why Parties?

Why Parties?

Author: John H. Aldrich

Publisher: University of Chicago Press

Published: 2012-07-24

Total Pages: 401

ISBN-13: 0226012751

DOWNLOAD EBOOK

Since its first appearance fifteen years ago, Why Parties? has become essential reading for anyone wishing to understand the nature of American political parties. In the interim, the party system has undergone some radical changes. In this landmark book, now rewritten for the new millennium, John H. Aldrich goes beyond the clamor of arguments over whether American political parties are in resurgence or decline and undertakes a wholesale reexamination of the foundations of the American party system. Surveying critical episodes in the development of American political parties—from their formation in the 1790s to the Civil War—Aldrich shows how they serve to combat three fundamental problems of democracy: how to regulate the number of people seeking public office, how to mobilize voters, and how to achieve and maintain the majorities needed to accomplish goals once in office. Aldrich brings this innovative account up to the present by looking at the profound changes in the character of political parties since World War II, especially in light of ongoing contemporary transformations, including the rise of the Republican Party in the South, and what those changes accomplish, such as the Obama Health Care plan. Finally, Why Parties? A Second Look offers a fuller consideration of party systems in general, especially the two-party system in the United States, and explains why this system is necessary for effective democracy.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

DOWNLOAD EBOOK

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


The Constitution in Conflict

The Constitution in Conflict

Author: Robert A. Burt

Publisher: Harvard University Press

Published: 1992

Total Pages: 492

ISBN-13: 9780674165366

DOWNLOAD EBOOK

In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.