• Law

Supreme Court Confirmation Hearings and Constitutional Change


Author: Paul M. Collins,Lori A. Ringhand
Publisher: Cambridge University Press
ISBN: 1107039703
Category: Law
Page: 314
View: 5521
Demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional change.

    • Political Science

Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2015, 4th Edition [2 volumes]


Author: John R. Vile
Publisher: ABC-CLIO
ISBN: 1610699327
Category: Political Science
Page: 655
View: 2091
Now in its fourth edition and completely updated, this is the most comprehensive book on constitutional amendments and proposed amendments available. • Provides clear explanations of each of the 27 constitutional amendments that have been adopted throughout U.S. history as well as essays on the subjects of the thousands of other proposals that have been made • Articulates important issues involving the constitutional amending process • Outlines key proposals for more radical changes to the U.S. Constitution that have been introduced outside of Congress

    • Political Science

Supreme Court Confirmation Hearings in the U.S. Senate

Reconsidering the Charade
Author: Dion Farganis,Justin Wedeking
Publisher: University of Michigan Press
ISBN: 0472119338
Category: Political Science
Page: 162
View: 8901
How much do Supreme Court nominees reveal at their confirmation hearings, and how do their answers affect senators' votes?

    • History

The Case Against the Supreme Court


Author: Erwin Chemerinsky
Publisher: Penguin Books
ISBN: 0143128000
Category: History
Page: 400
View: 8858
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court's historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

    • History

The American Supreme Court, Sixth Edition


Author: Robert G. McCloskey,Sanford Levinson
Publisher: University of Chicago Press
ISBN: 022629692X
Category: History
Page: 448
View: 8240
For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.

    • Political Science

Packing the Court

The Rise of Judicial Power and the Coming Crisis of the Supreme Court
Author: James Macgregor Burns
Publisher: Penguin
ISBN: 1101081902
Category: Political Science
Page: 336
View: 4200
From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

    • Law

Friends of the Supreme Court: Interest Groups and Judicial Decision Making


Author: Paul M. Collins, Jr.
Publisher: Oxford University Press
ISBN: 9780199707225
Category: Law
Page: 248
View: 9226
The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.

    • Law

The Next Justice

Repairing the Supreme Court Appointments Process
Author: Christopher L. Eisgruber
Publisher: Princeton University Press
ISBN: 9780691143521
Category: Law
Page: 239
View: 7068
He describes a new and better manner of deliberating about who should serve on the Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates."

    • Law

Seeking justices

the judging of Supreme Court nominees
Author: Michael Comiskey
Publisher: Univ Pr of Kansas
ISBN: 9780700613465
Category: Law
Page: 287
View: 5609
In the long shadows cast by the Robert Bork and Clarence Thomas nominations, Supreme Court confirmations remain highly contentious and controversial. This is due in part to the Senate's increasing reliance upon a much lengthier, much more public, and occasionally raucous confirmation process--in an effort to curb the potential excesses of executive power created by presidents seeking greater control over the Court's ideological composition. Michael Comiskey offers the most comprehensive, systematic, and optimistic analysis of that process to date. Arguing that the process works well and therefore should not be significantly altered, Comiskey convincingly counters those critics who view highly contentious confirmation proceedings as the norm. Senators have every right and a real obligation, he contends, to scrutinize the nominees' constitutional philosophies. He further argues that the media coverage of the Senate's deliberations has worked to improve the level of such scrutiny and that recent presidents have neither exerted excessive influence on the appointment process nor created a politically extreme Court. He also examines the ongoing concern over presidential efforts to pack the court, concluding that stacking the ideological deck is unlikely. As an exception to the rule, Comiskey analyzes in depth the Thomas confirmation to explain why it was an aberration, offering the most detailed account yet of Thomas's pre-judicial professional and political activities. He argues that the Senate Judiciary Committee abdicated its responsibilities out of deference to Thomas's race. Another of the book's unique features is Comiskey's reassessment of the reputations of twentieth-century SupremeCourt justices. Based on a survey of nearly 300 scholars in constitutional law and politics, it shows that the modern confirmation process continues to fill Court vacancies with jurists as capable as those of earlier eras. We

    • Political Science

The Most Dangerous Branch

Inside the Supreme Court's Assault on the Constitution
Author: David A. Kaplan
Publisher: Crown
ISBN: 1524759929
Category: Political Science
Page: 464
View: 7871
In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. The next justice—replacing Anthony Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court – Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades – from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.

    • Political Science

Six Amendments

How and Why We Should Change the Constitution
Author: John Paul Stevens
Publisher: Little, Brown
ISBN: 0316373745
Category: Political Science
Page: 192
View: 660
For the first time ever, a retired Supreme Court Justice offers a manifesto on how the Constitution needs to change. By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. SIX AMENDMENTS is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, SIX AMENDMENTS is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.

    • Biography & Autobiography

Showdown

Thurgood Marshall and the Supreme Court Nomination that Changed America
Author: Wil Haygood
Publisher: Vintage
ISBN: 0307947378
Category: Biography & Autobiography
Page: 404
View: 6592
"The author of The Butler presents a revelatory biography of the first African-American Supreme Court justice--one of the giants of the civil rights movement, and one of the most transforming Supreme Court justices of the 20th century, "--Novelist.

    • Law

The Constitution Today

Timeless Lessons for the Issues of Our Era
Author: Akhil Reed Amar
Publisher: Basic Books
ISBN: 0465096344
Category: Law
Page: 464
View: 1090
"I don't think there is anyone in the academy these days capable of more patient and attentive reading of the constitutional text than Akhil Amar."--Jeremy Waldron, New York Review of Books When the stories that lead our daily news involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades--from gun control to gay marriage, affirmative action to criminal procedure, presidential dynasties to congressional dysfunction, Bill Clinton's impeachment to Obamacare. He shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic. Leading readers through the constitutional questions at stake in each episode while outlining his abiding views regarding the direction constitutional law must go, Amar offers an essential guide for anyone seeking to understand America's Constitution and its relevance today.

    • Biography & Autobiography

Louis D. Brandeis

American Prophet
Author: Jeffrey Rosen
Publisher: Yale University Press
ISBN: 0300160445
Category: Biography & Autobiography
Page: 256
View: 9051
According to Jeffrey Rosen, Louis D. Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.

    • History

Justices, Presidents, and Senators

A History of the U.S. Supreme Court Appointments from Washington to Bush II
Author: Henry Julian Abraham
Publisher: Rowman & Littlefield
ISBN: 9780742558953
Category: History
Page: 439
View: 9795
Explains how United States presidents select justices for the Supreme Court, evaluates the performance of each justice, and examines the influence of politics on their selection.

    • Law

A Court Divided

The Rehnquist Court and the Future of Constitutional Law
Author: Mark V. Tushnet
Publisher: W. W. Norton & Company
ISBN: 9780393058680
Category: Law
Page: 384
View: 2541
In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

    • Law

We the Corporations: How American Businesses Won Their Civil Rights


Author: Adam Winkler
Publisher: Liveright Publishing
ISBN: 0871403846
Category: Law
Page: 384
View: 6684
We the Corporations chronicles the revelatory story of one of the most successful, yet least known, “civil rights movements” in American history. We the Corporations chronicles the astonishing story of one of the most successful yet least well-known “civil rights movements” in American history. Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people. Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since, corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights. Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses. Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement. In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.

    • Constitutional law

Constitutional Personae


Author: Cass R. Sunstein
Publisher: Oxford University Press, USA
ISBN: 0190222670
Category: Constitutional law
Page: 192
View: 9506
"Since America's founding, hundreds of U.S. Supreme Court Justices have issued a vast number of decisions on a staggeringly wide variety of subjects. Yet as the eminent legal scholar, Cass R. Sunstein shows, constitutional law is dominated by a mere quartet of character types, regardless of ideology: the hero, the soldier, the minimalist, and the mute."--

    • Law

The Supreme Court Phalanx

The Court's New Right-wing Bloc
Author: Ronald Dworkin
Publisher: New York Review of Books
ISBN: 1590172930
Category: Law
Page: 71
View: 9860
Discusses the conservative shift in the Supreme court after the appointment of John Roberts and Samuel Alito in 2005 and the effect this shift may have on constitutional law, including abortion, affirmative action, and executive power.

    • Political Science

The Nine

Inside the Secret World of the Supreme Court
Author: Jeffrey Toobin
Publisher: Anchor
ISBN: 0307472892
Category: Political Science
Page: 480
View: 2599
Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.