Overruled The Long War For Control Of The Us Supreme Court

Author : Damon Root
Publisher : Macmillan + ORM
ISBN 13 : 1137474688
Total Pages : 278 pages
Book Rating : 4.81/5 ( download)

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Download or read book Overruled written by Damon Root and published by Macmillan + ORM. This book was released on 2014-11-04 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Damon Root, a senior editor of Reason magazine, Overruled: The Long War for Control of the U.S. Supreme Court is “the most thorough account of the libertarian-conservative debate over judicial review...a valuable guide to both the past and the potential future of these important issues” (The Washington Post). Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today’s blockbuster legal battles over gay rights, gun control, and health care reform. It’s a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. But many libertarians have no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.

Author : Damon Root
Publisher : Macmillan
ISBN 13 : 1137279230
Total Pages : 286 pages
Book Rating : 4.31/5 ( download)

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Download or read book Overruled: The Long War for Control of the U.S. Supreme Court written by Damon Root and published by Macmillan. This book was released on 2014-11-04 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a story of two competing visions—judicial activism versus judicial restraint—the role that the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system, is discussed.

Author : Damon Root
Publisher : U of Nebraska Press
ISBN 13 : 1640123830
Total Pages : 200 pages
Book Rating : 4.30/5 ( download)

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Download or read book A Glorious Liberty written by Damon Root and published by U of Nebraska Press. This book was released on 2020-10 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely and provocative book, Damon Root reveals how Frederick Douglass’s fight for an antislavery Constitution helped to shape the course of American history in the nineteenth century and beyond. At a time when the principles of the Constitution and Declaration of Independence were under assault, Frederick Douglass picked up their banner, championing inalienable rights for all, regardless of race. When Americans were killing each other on the battlefield, Douglass fought for a cause greater than the mere preservation of the Union. “No war but an Abolition war,” he maintained. “No peace but an Abolition peace.” In the aftermath of the Civil War, when state and local governments were violating the rights of the recently emancipated, Douglass preached the importance of “the ballot-box, the jury-box, and the cartridge-box” in the struggle against Jim Crow. Frederick Douglass, the former slave who had secretly taught himself how to read, would teach the American people a thing or two about the true meaning of the Constitution. This is the story of a fundamental debate that goes to the very heart of America’s founding ideals—a debate that is still very much with us today.

Author : Clarke Rountree
Publisher : University Alabama Press
ISBN 13 : 9780817361808
Total Pages : 0 pages
Book Rating : 4.04/5 ( download)

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Download or read book Overturned written by Clarke Rountree and published by University Alabama Press. This book was released on 2024-12-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely and lively summary and analysis of the Supreme Court's justifications for overruling nearly 300 prior rulings in its history An audacious US Supreme Court is overturning a number of long-standing precedents, and Overturned offers a lively account of the court's history of overturning prior cases and examples and analyses of 300 cases overruled in its history. The immense controversy surrounding the case of Dobbs v. Jackson Women's Health Organization in 2022, which overruled Roe v. Wade and erased the constitutional right to abortion in the United States, has focused public attention on how and why the Supreme Court knocks down long-established precedents. In his vivid and accessible style, scholar Clarke Rountree recounts the rhetorical pirouettes and linguistic acrobatics the court has deployed to explain its reversal of Dobbs and numerous other landmark decisions. He reviews strategies the court uses to undermine a previous court's standing without undermining its own. He analyzes overrulings across time, by type (constitutional cases versus statutory and common law cases), by the ages of the overturned precedents, with changes in the court's membership, and through other variables. Rountree gives engrossing accounts of pivotal overrulings in the past, such as when Lincoln's Treasury Secretary Salmon Chase used the Legal Tender Act in 1862 to raise money for the Civil War then ruled the same law unconstitutional in 1870 when he served as chief justice. Rountree retells Thomas Edison's attempt to monopolize the burgeoning film industry, which was stopped only when the Supreme Court overturned an earlier patent-rights case in 1917. Finally, Rountree applies his myriad insights to the politically fraught Dobbs case. Overruled makes a valuable contribution to law, rhetoric, politics, and history, and readers interested in the role and function of America's highest court will find Rountree's account fast-paced, lively, and engaging.

Author :
Publisher : Greenhaven Publishing LLC
ISBN 13 : 1534508201
Total Pages : 130 pages
Book Rating : 4.00/5 ( download)

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Download or read book The Politicization of the Supreme Court written by and published by Greenhaven Publishing LLC. This book was released on 2021-07-15 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the most powerful judiciary body in the U.S., the Supreme Court is expected to uphold Constitutional values while remaining insulated from influence by political agendas. In recent years, however, some have perceived the Supreme Court as becoming increasingly politicized, with some labeling the 2018 appointment of Justice Kavanaugh a pro-conservative political maneuver. Despite these recent concerns, there are also numerous historical examples of judicial activism. This volume discusses the Supreme Court's politicization across history, examines whether it is realistic or useful to expect it to be insulated from politics, and evaluates possible means of depoliticizing the court.

Author : Roger Brooke Taney
Publisher : Legare Street Press
ISBN 13 : 9781017251265
Total Pages : 0 pages
Book Rating : 4.66/5 ( download)

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Download or read book The Dred Scott Case written by Roger Brooke Taney and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.

Author : James M. Masnov
Publisher : McFarland
ISBN 13 : 1476690529
Total Pages : 253 pages
Book Rating : 4.20/5 ( download)

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Download or read book Rights Reign Supreme written by James M. Masnov and published by McFarland. This book was released on 2023-03-24 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial review--the power of the United States Supreme Court to nullify unconstitutional laws--has been attacked and celebrated. The Court's authority has become even more significant over the past century as it has grown to occupy a more central role in the lives of Americans. The result has been for politicians of both major political parties (as well as scholars) to decry the antidemocratic nature of the judicial power. This book argues that judicial review ensures the survival of the republic, outlining the Court's responsibilities as an instrument of rights theory and its history of defending the principles established during the American founding that assert the primacy of certain inherent rights. Centering on the power of judicial review, chapters detail the Court's reputation as a steward of the Constitution, protecting the rights of the people against the encroachments of the executive and legislative branches--and against the fleeting passions of the people.

Author : Allen Mendenhall
Publisher : Springer Nature
ISBN 13 : 3030396053
Total Pages : 253 pages
Book Rating : 4.53/5 ( download)

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Download or read book The Three Ps of Liberty written by Allen Mendenhall and published by Springer Nature. This book was released on 2020-03-12 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the “three Ps” of liberty: pragmatism, pluralism, and polycentricity. These concepts enrich the complex tradition of classical liberal jurisprudence, providing workable solutions based on the decentralization, diffusion, and dispersal of power.

Author : Mary Ziegler
Publisher : Yale University Press
ISBN 13 : 0300271875
Total Pages : 248 pages
Book Rating : 4.74/5 ( download)

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Download or read book Roe written by Mary Ziegler and published by Yale University Press. This book was released on 2023-01-24 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The leading U.S. expert on abortion law charts the many meanings associated with Roe v. Wade during its fifty-year history “Ziegler sets a brisk pace but delivers substantial depth. . . . A must-read for those seeking to understand what comes next.”—Publishers Weekly What explains the insistent pull of Roe v. Wade? Abortion law expert Mary Ziegler argues that the U.S. Supreme Court decision, which decriminalized abortion in 1973 and was overturned in 2022, had a hold on us that was not simply the result of polarized abortion politics. Rather, Roe took on meanings far beyond its original purpose of protecting the privacy of the doctor-patient relationship. It forced us to confront questions about sexual violence, judicial activism and restraint, racial justice, religious liberty, the role of science in politics, and much more. In this history of what the Supreme Court’s best-known decision has meant, Ziegler identifies the inconsistencies and unsettled issues in our abortion politics. She urges us to rediscover the nuance that has long resided where we would least expect to find it—in the meaning of Roe itself.

Author : Matthew Continetti
Publisher : Basic Books
ISBN 13 : 1541600525
Total Pages : 457 pages
Book Rating : 4.22/5 ( download)

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Download or read book The Right written by Matthew Continetti and published by Basic Books. This book was released on 2022-04-19 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: A magisterial intellectual history of the last century of American conservatism When most people think of the history of modern conservatism, they think of Ronald Reagan. Yet this narrow view leaves many to question: How did Donald Trump win the presidency? And what is the future of the Republican Party? In The Right, Matthew Continetti gives a sweeping account of movement conservatism’s evolution, from the Progressive Era through the present. He tells the story of how conservatism began as networks of intellectuals, developing and institutionalizing a vision that grew over time, until they began to buckle under new pressures, resembling national populist movements. Drawing out the tensions between the desire for mainstream acceptance and the pull of extremism, Continetti argues that the more one studies conservatism’s past, the more one becomes convinced of its future. Deeply researched and brilliantly told, The Right is essential reading for anyone looking to understand American conservatism.