Ideology In The Supreme Court

Author : Lawrence Baum
Publisher : Princeton University Press
ISBN 13 : 0691204136
Total Pages : 283 pages
Book Rating : 4.30/5 ( download)

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Download or read book Ideology in the Supreme Court written by Lawrence Baum and published by Princeton University Press. This book was released on 2020-06-09 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.

Author : Kirk A. Randazzo
Publisher : SUNY Press
ISBN 13 : 143845287X
Total Pages : 218 pages
Book Rating : 4.76/5 ( download)

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Download or read book Checking the Courts written by Kirk A. Randazzo and published by SUNY Press. This book was released on 2014-07-31 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines and measures the extent to which statutory language affects judicial behavior. How does the language of legislative statutes affect judicial behavior? Scholars of the judiciary have rarely studied this question despite statutes being, theoretically, the primary opportunity for legislatures to ensure that those individuals who interpret the law will follow their preferences. In Checking the Courts, Kirk A. Randazzo and Richard W. Waterman offer a model that integrates ideological and legal factors through an empirical measure of statutory discretion. The model is tested across multiple judicial institutions, at both the federal and state levels, and reveals that judges are influenced by the levels of discretion afforded in the legislative statutes. In those cases where lawmakers have clear policy preferences, legislation encourages judges to strictly interpret the plain meaning of the law. Conversely, if policy preferences are unclear, legislation leaves open the possibility that judges will make decisions based on their own ideological policy preferences. Checking the Courts thus provides us with a better understanding of the dynamic interplay between law and ideology.

Author : Ronald Dworkin
Publisher : New York Review of Books
ISBN 13 : 1590172930
Total Pages : 91 pages
Book Rating : 4.33/5 ( download)

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Download or read book The Supreme Court Phalanx written by Ronald Dworkin and published by New York Review of Books. This book was released on 2008 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A New York Review Books collection"--Cover.

Author : Tim Alan Garrison
Publisher : University of Georgia Press
ISBN 13 : 0820334170
Total Pages : 350 pages
Book Rating : 4.72/5 ( download)

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Download or read book The Legal Ideology of Removal written by Tim Alan Garrison and published by University of Georgia Press. This book was released on 2009 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.

Author : Cornell W. Clayton
Publisher : University of Chicago Press
ISBN 13 : 0226109550
Total Pages : 359 pages
Book Rating : 4.58/5 ( download)

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Download or read book Supreme Court Decision-Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.

Author : Glendon A. Schubert
Publisher :
ISBN 13 :
Total Pages : 334 pages
Book Rating : 4.03/5 ( download)

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Download or read book The Judicial Mind written by Glendon A. Schubert and published by . This book was released on 1965 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Steven Bartomioli
Publisher : GRIN Verlag
ISBN 13 : 3656913269
Total Pages : 50 pages
Book Rating : 4.69/5 ( download)

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Download or read book Influences on the Decisions of the United States Supreme Court written by Steven Bartomioli and published by GRIN Verlag. This book was released on 2015-03-05 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bachelor Thesis from the year 2014 in the subject Law - Comparative Legal Systems, Comparative Law, grade: -, Norwich University, language: English, abstract: What influences the way the Supreme Court decides a disposition of a case? Using data the Supreme Court Compendium ranging from 1946 to 2009 and varying sources of literature in the field, I developed several hypotheses: (1) On an individual level an increase overtime of the justices’ liberality; (2) the Supreme Court is influenced by public opinion directly or indirectly via Congress; (3) justices will offer opinions consistent with the ideals of their nominating President; and (4) the justices will formulate opinions consistent with that of the Chief Justice. Upon conclusion of my scholarly research and combination of data tables I found that there is a trend of ideology shifting from conservative towards more liberalism. Based upon the influence of the public on Congress I develop a new type of model I appropriately call the Legislative Model; the justices are policy driven. The president tries to nominate individuals with his ideology which shows through, however this can often be trumped by the influence of the Chief Justice on the ideology of individual justices. Based upon the research done for this paper, we can better understand what drives the opinions of the Supreme Court, directly and indirectly.

Author : Adam Bonica
Publisher : Cambridge University Press
ISBN 13 : 1108841368
Total Pages : 335 pages
Book Rating : 4.68/5 ( download)

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Download or read book The Judicial Tug of War written by Adam Bonica and published by Cambridge University Press. This book was released on 2020-12-17 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a novel theory explaining how and why politicians and lawyers politicise courts.

Author : Lawrence Baum
Publisher :
ISBN 13 : 9780871873439
Total Pages : 0 pages
Book Rating : 4.35/5 ( download)

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Download or read book The Supreme Court written by Lawrence Baum and published by . This book was released on 1985 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Stephen Breyer
Publisher : Harvard University Press
ISBN 13 : 0674269365
Total Pages : 113 pages
Book Rating : 4.61/5 ( download)

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Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.