Congress V. the Supreme Court PDF Download

Author: Charles Warren
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 328

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Book Description

Author: Raoul Berger
Publisher: Cambridge, Mass : Harvard University Press
ISBN:
Category : Law
Languages : en
Pages : 456

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Book Description
Annotated text examines the legitimacy of judicial review.

Author: Anna Harvey
Publisher: Yale University Press
ISBN: 0300171110
Category : Political Science
Languages : en
Pages : 385

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Book Description
In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.

Author: Timothy D. Cheney
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 136

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Book Description
Who Makes the Law explores who really makes the law in our society. Using actual cases, it presents the political and societal responses to Court decisions and uncovers a disparity between the theory that the Court is the final say on law and the reality. This book provides a foundation for understanding the function and impact of the U.S. Supreme Court in our lives and how Court opinions both help and hinder the legislative process. It demonstrates the strength of the U.S. Constitution as well as the difficulty of legislating social issues by presenting attempts by Congress to amend the Constitution and write laws in response to actual Court decisions. It reveals the evolutionary process of law and the effect of public opinion through the response of the States and Society to Court decisions. A valuable book for anyone who wants to understand the interaction of lawmakers, public opinion, and the U.S. Supreme Court.

Author: Egbert Ray Nichols
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 482

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Book Description

Author: Louis Fisher
Publisher: University Press of Kansas
ISBN: 070061799X
Category : Political Science
Languages : en
Pages : 376

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Book Description
The culmination of four decades of research and service on behalf of Congress, Louis Fisher's latest work is a fitting capstone to a remarkable career as scholar and writer and presents his most articulate, passionate, and persuasive defense yet of Congress as an institution. Our nation's leading authority on the separation of powers, Fisher offers a lucid primer on our nation's government and its executive, legislative, and judicial branches while vigorously advocating a robust reassertion of Congress's rightful role within that system. Drawing on a wide range of legislation, Supreme Court rulings, and presidential decisions, Fisher illuminates the contentious contest among the three major branches for power and control of government, presents a panorama of American history, and touches on issues as wide-ranging as federalism, religious freedom, and national security policy. Fisher is especially critical of the stereotypical view of the Supreme Court's decisions as possessing a kind of effectiveness and absolute finality that transcends the efforts and powers of Congress. Indeed, he argues that Congress, as much or more than the judiciary, has had a major positive impact on protecting individual rights in this country, while the judiciary has fallen short in such areas as child labor regulation and compulsory flag salute-or has attempted to settle a constitutional issue only to have it fester for years, breeding anger and resentment, until the political process forces the courts rethink their views. He highlights legislative accomplishments in many areas, often in the face of judicial opposition and obstruction, but also chides Congress for not protecting its key prerogatives over the power of the purse and going to war. In yielding to other branches, Fishers warns, lawmakers fail to represent their constituents and cripple the very system of checks and balances the Framers counted on to limit the destructive capacity of government. His book offers a wealth of forceful insights and provides an important reminder of and guide to how our government should really work.

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
Publisher:
ISBN:
Category : Separation of powers
Languages : en
Pages : 674

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Book Description
Assesses role of present-day Supreme Court in relation to its constitutional mandate and limitations and its historically accepted role. Includes Legislative Reference Service report "Supreme Court Decisions, 1953-68, Which Have Modified Prior Interpretations or Established New Constitutional Principals" (Aug. 7, 1968. p. 253-337).

Author: William B. Glidden
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Political Science
Languages : en
Pages : 314

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Book Description
A comprehensive and focused review of all of the Supreme Court's overturns of Congress on constitutional grounds from 1789 to the present suited to college-level political science and constitutional law courses as well as law school students. The always-controversial practice of judicial review of Congress is not prescribed in the Constitution, but is arguably a valid way to protect the rights of individuals or guard against unfair rule by the majority. This book offers a historical review and indictment of the Supreme Court's overruling of Congress, ultimately taking a position that this has been more detrimental than beneficial to the democratic process in the United States, and that in the aggregate rights of individuals and minorities would have been better served if the relevant laws of Congress had been enforced rather than struck down by the Court. Written by an author who is a historian and a lawyer, the book covers all Supreme Court overrides of Congress through 2014, including major historical turning points in Supreme Court legislation and such recent and relevant topics as the Affordable Care Act, limits on contributions to political candidates and campaigns from wealthy individuals, and the Defense of Marriage Act. The discussions of specific cases are made in relevant context and focus on "big picture" themes and concepts without skipping key details, making this a useful volume for law and university level students while also being accessible to general readers.

Author: Charles Warren
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description

Author: Louis Fisher
Publisher: CQ Press
ISBN:
Category : History
Languages : en
Pages : 360

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Book Description
Explores how the Court operates in relation to legislative action, as well as how it has defined the extent and limits of congressional power. Traces conflicts between branches over the power of judicial review and other key separation of powers issues, civil rights for African Americans and women, individual liberties, and regulation of the national economy.