The Myth Of The Imperial Judiciary

Author : Mark Kozlowski
Publisher : NYU Press
ISBN 13 : 0814747957
Total Pages : 309 pages
Book Rating : 4.57/5 ( download)

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Download or read book The Myth of the Imperial Judiciary written by Mark Kozlowski and published by NYU Press. This book was released on 2003 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring a foreword by Anthony Lewis, this book evaluates the role of the court system in our democracy and considers the claims that it has become too powerful.

Author : Abram Chayes
Publisher : American Enterprise Institute Press
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.95/5 ( download)

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Download or read book An Imperial Judiciary written by Abram Chayes and published by American Enterprise Institute Press. This book was released on 1979 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mark Kozlowski
Publisher : NYU Press
ISBN 13 : 0814749291
Total Pages : 293 pages
Book Rating : 4.96/5 ( download)

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Download or read book The Myth of the Imperial Judiciary written by Mark Kozlowski and published by NYU Press. This book was released on 2006-01-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.

Author : David J. Siemers
Publisher : University of Missouri Press
ISBN 13 : 0826274218
Total Pages : 240 pages
Book Rating : 4.12/5 ( download)

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Download or read book The Myth of Coequal Branches written by David J. Siemers and published by University of Missouri Press. This book was released on 2018-11-29 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that the three branches of U.S. government are equal in power is taught in classrooms, proclaimed by politicians, and referenced in the media. But, as David Siemers shows, that idea is a myth, neither intended by the Founders nor true in practice. Siemers explains how adherence to this myth normalizes a politics of gridlock, in which the action of any branch can be checked by the reaction of any other. The Founders, however, envisioned a separation of functions rather than a separation of powers. Siemers argues that this view needs to replace our current view, so that the goals set out in the Constitution’s Preamble may be better achieved.

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
ISBN 13 : 1139459228
Total Pages : 238 pages
Book Rating : 4.28/5 ( download)

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Download or read book Law as a Means to an End written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2006-10-02 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

Author : Matthew J. Franck
Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.96/5 ( download)

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Download or read book Against the Imperial Judiciary written by Matthew J. Franck and published by . This book was released on 1996 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Franck's reexamination of the place of natural law in the early Supreme Court is fresh, illuminating, and long overdue. His scholarship is incisive and profound; and the exegeses of early Supreme Court opinions are often brilliant". -- Robert L. Clinton, author of Marbury v. Madison and Judicial Review.

Author : Arthur Meier Schlesinger
Publisher : Houghton Mifflin Harcourt
ISBN 13 : 9780618420018
Total Pages : 630 pages
Book Rating : 4.10/5 ( download)

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Download or read book The Imperial Presidency written by Arthur Meier Schlesinger and published by Houghton Mifflin Harcourt. This book was released on 2004 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Author : Raoul Berger
Publisher : Studies in Jurisprudence and L
ISBN 13 : 9780865971448
Total Pages : 0 pages
Book Rating : 4.47/5 ( download)

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Download or read book Government by Judiciary written by Raoul Berger and published by Studies in Jurisprudence and L. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Author : Peter M. Shane
Publisher : University of Chicago Press
ISBN 13 : 0226749428
Total Pages : 256 pages
Book Rating : 4.26/5 ( download)

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Download or read book Madison's Nightmare written by Peter M. Shane and published by University of Chicago Press. This book was released on 2009-08-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government. Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch—and abetted by a complaisant Congress, riven by partisanship—this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions. The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability. From the war on science to the mismanaged war on terror, Madison’s Nightmare outlines the disastrous consequences of the unchecked executive—and issues a stern wake-up call to all who care about the fate of our long democratic experiment.

Author : R. Shep Melnick
Publisher : Brookings Institution Press
ISBN 13 : 0815732406
Total Pages : 337 pages
Book Rating : 4.02/5 ( download)

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Download or read book The Transformation of Title IX written by R. Shep Melnick and published by Brookings Institution Press. This book was released on 2018-03-06 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: One civil rights-era law has reshaped American society—and contributed to the country's ongoing culture wars Few laws have had such far-reaching impact as Title IX of the Education Amendments of 1972. Intended to give girls and women greater access to sports programs and other courses of study in schools and colleges, the law has since been used by judges and agencies to expand a wide range of antidiscrimination policies—most recently the Obama administration’s 2016 mandates on sexual harassment and transgender rights. In this comprehensive review of how Title IX has been implemented, Boston College political science professor R. Shep Melnick analyzes how interpretations of "equal educational opportunity" have changed over the years. In terms accessible to non-lawyers, Melnick examines how Title IX has become a central part of legal and political campaigns to correct gender stereotypes, not only in academic settings but in society at large. Title IX thus has become a major factor in America's culture wars—and almost certainly will remain so for years to come.