Curbing The Courts

Author : Brandon L. Bartels
Publisher : Cambridge University Press
ISBN 13 : 1107188415
Total Pages : 321 pages
Book Rating : 4.19/5 ( download)

DOWNLOAD NOW!

Download or read book Curbing the Court written by Brandon L. Bartels and published by Cambridge University Press. This book was released on 2020-08-20 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.

Author : Gary L. McDowell
Publisher :
ISBN 13 : 9780783786988
Total Pages : 230 pages
Book Rating : 4.80/5 ( download)

DOWNLOAD NOW!

Download or read book Curbing the Courts written by Gary L. McDowell and published by . This book was released on 1988 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Tom S. Clark
Publisher : Cambridge University Press
ISBN 13 : 1139492314
Total Pages : 357 pages
Book Rating : 4.17/5 ( download)

DOWNLOAD NOW!

Download or read book The Limits of Judicial Independence written by Tom S. Clark and published by Cambridge University Press. This book was released on 2010-11-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Gary L. McDowell
Publisher :
ISBN 13 : 9780807113394
Total Pages : 214 pages
Book Rating : 4.95/5 ( download)

DOWNLOAD NOW!

Download or read book Curbing the Courts written by Gary L. McDowell and published by . This book was released on 1988-01-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : H. Chris Tecklenburg
Publisher : Springer Nature
ISBN 13 : 3030443795
Total Pages : 128 pages
Book Rating : 4.95/5 ( download)

DOWNLOAD NOW!

Download or read book Congressional Constraint and Judicial Responses written by H. Chris Tecklenburg and published by Springer Nature. This book was released on 2020-04-21 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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 : Charles Gardner Geyh
Publisher : University of Michigan Press
ISBN 13 : 0472024566
Total Pages : 345 pages
Book Rating : 4.68/5 ( download)

DOWNLOAD NOW!

Download or read book When Courts and Congress Collide written by Charles Gardner Geyh and published by University of Michigan Press. This book was released on 2009-12-22 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is quite simply the best study of judicial independence that I have ever read; it is erudite, historically aware, and politically astute." ---Malcolm M. Feeley, Claire Sanders Clements Dean's Professor, Boalt Hall School of Law, University of California at Berkeley "Professor Geyh has written a wise and timely book that is informed by the author's broad and deep experience working with the judicial and legislative branches, by the insights of law, history and political science, and by an appreciation of theory and common sense." ---Stephen B. Burbank, David Berger Professor for the Administration of Justice, University of Pennsylvania Law School With Congress threatening to "go nuclear" over judicial appointments, and lawmakers accusing judges of being "arrogant, out of control, and unaccountable," many pundits see a dim future for the autonomy of America's courts. But do we really understand the balance between judicial independence and Congress's desire to limit judicial reach? Charles Geyh's When Courts and Congress Collide is the most sweeping study of this question to date, and an unprecedented analysis of the relationship between Congress and our federal courts. Efforts to check the power of the courts have come and gone throughout American history, from the Jeffersonian Congress's struggle to undo the work of the Federalists, to FDR's campaign to pack the Supreme Court, to the epic Senate battles over the Bork and Thomas nominations. If legislators were solely concerned with curbing the courts, Geyh suggests, they would use direct means, such as impeaching uncooperative judges, gerrymandering their jurisdictions, stripping the bench's oversight powers, or slashing judicial budgets. Yet, while Congress has long been willing to influence judicial decision-making indirectly by blocking the appointments of ideologically unacceptable nominees, it has, with only rare exceptions, resisted employing more direct methods of control. When Courts and Congress Collide is the first work to demonstrate that this balance is governed by a "dynamic equilibrium": a constant give-and-take between Congress's desire to control the judiciary and its respect for historical norms of judicial independence. It is this dynamic equilibrium, Geyh says, rather than what the Supreme Court or the Constitution says about the separation of powers, that defines the limits of the judiciary's independence. When Courts and Congress Collide is a groundbreaking work, requiring all of us to consider whether we are on the verge of radically disrupting our historic balance of governance. Charles Gardner Geyh is Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington. He has served as director of the American Judicature Society's Center for Judicial Independence, reporter to the American Bar Association Commission on Separation of Powers and Judicial Independence, and counsel to the Judiciary Committee of the U.S. House of Representatives.

Author : Aziz Z. Huq
Publisher : Oxford University Press
ISBN 13 : 0197556817
Total Pages : 193 pages
Book Rating : 4.18/5 ( download)

DOWNLOAD NOW!

Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 : Bruce Peabody
Publisher : JHU Press
ISBN 13 : 0801897718
Total Pages : 347 pages
Book Rating : 4.19/5 ( download)

DOWNLOAD NOW!

Download or read book The Politics of Judicial Independence written by Bruce Peabody and published by JHU Press. This book was released on 2011 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2011 Winner of the Selection for Professional Reading List of the U.S. Marine Corps The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.

Author : Walter F. Murphy
Publisher : Quid Pro Books
ISBN 13 : 1610272684
Total Pages : 424 pages
Book Rating : 4.81/5 ( download)

DOWNLOAD NOW!

Download or read book Congress and the Court written by Walter F. Murphy and published by Quid Pro Books. This book was released on 2014-08-31 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Princeton 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 : Richard Pacelle
Publisher : Routledge
ISBN 13 : 1136657789
Total Pages : 346 pages
Book Rating : 4.88/5 ( download)

DOWNLOAD NOW!

Download or read book The Supreme Court in a Separation of Powers System written by Richard Pacelle and published by Routledge. This book was released on 2015-01-09 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.