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Author: Paul M. Collins Publisher: Cambridge University Press ISBN: 1107276918 Category : Law Languages : en Pages : 313
Book Description
Before Supreme Court nominees are allowed to take their place on the High Court, they must face a moment of democratic reckoning by appearing before the Senate Judiciary Committee. Despite the potential this holds for public input into the direction of legal change, the hearings are routinely derided as nothing but empty rituals and political grandstanding. In this book, Paul M. Collins and Lori A. Ringhand present a contrarian view that uses both empirical data and stories culled from more than seventy years of transcripts to demonstrate that the hearings are a democratic forum for the discussion and ratification of constitutional change. As such, they are one of the ways in which 'We the People' take ownership of the Constitution by examining the core constitutional values of those permitted to interpret it on our behalf.
Author: Paul M. Collins Publisher: Cambridge University Press ISBN: 1107276918 Category : Law Languages : en Pages : 313
Book Description
Before Supreme Court nominees are allowed to take their place on the High Court, they must face a moment of democratic reckoning by appearing before the Senate Judiciary Committee. Despite the potential this holds for public input into the direction of legal change, the hearings are routinely derided as nothing but empty rituals and political grandstanding. In this book, Paul M. Collins and Lori A. Ringhand present a contrarian view that uses both empirical data and stories culled from more than seventy years of transcripts to demonstrate that the hearings are a democratic forum for the discussion and ratification of constitutional change. As such, they are one of the ways in which 'We the People' take ownership of the Constitution by examining the core constitutional values of those permitted to interpret it on our behalf.
Author: Dion Farganis Publisher: University of Michigan Press ISBN: 0472120271 Category : Political Science Languages : en Pages : 175
Book Description
Critics claim that Supreme Court nominees have become more evasive in recent decades and that Senate confirmation hearings lack real substance. Conducting a line-by-line analysis of the confirmation hearing of every nominee since 1955—an original dataset of nearly 11,000 questions and answers from testimony before the Senate Judiciary Committee—Dion Farganis and Justin Wedeking discover that nominees are far more forthcoming than generally assumed. Applying an original scoring system to assess each nominee’s testimony based on the same criteria, they show that some of the earliest nominees were actually less willing to answer questions than their contemporary counterparts. Factors such as changes in the political culture of Congress and the 1981 introduction of televised coverage of the hearings have created the impression that nominee candor is in decline. Further, senators’ votes are driven more by party and ideology than by a nominee’s responsiveness to their questions. Moreover, changes in the confirmation process intersect with increasing levels of party polarization as well as constituents’ more informed awareness and opinions of recent Supreme Court nominees.
Author: Ilya Shapiro Publisher: Simon and Schuster ISBN: 1684510724 Category : Political Science Languages : en Pages : 242
Book Description
NAMED ONE OF THE BEST BOOKS OF 2021: POLITICS BY THE WALL STREET JOURNAL "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.
Author: Paul M. Collins Publisher: Cambridge University Press ISBN: 1107039703 Category : Law Languages : en Pages : 313
Book Description
This book demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional change.
Author: Jeff Yates Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The Bush Administration will likely have the opportunity to make a number of appointments to the Supreme Court, however such nominations may experience contentious confirmation hearings in the Senate. When such an appointment opportunity does present itself questions are bound to arise concerning the appropriate role of the United States Senate in the confirmation of Supreme Court nominees under the advice and consent provisions of article II of the United States Constitution. Disputes over the Senate's proper role and scope of inquiry have seemed to emerge whenever a nominee has faced the confirmation process, and have been a timeworn subject of legal debate. In this article we assess the proposition that the Senate should have an active role in the confirmation process which includes investigation into a nominee's ideological beliefs and constitutional philosophy. We begin by examining the background of the Constitution's advice and consent phraseology and consider early applications of the confirmation process by senators during the eighteenth and nineteenth centuries. We then discuss the struggle for judicial selection power between the Senate and the President and conclude by suggesting the need for an active Senate response to executive nominations.
Author: David A. Kaplan Publisher: Crown ISBN: 1524759929 Category : Political Science Languages : en Pages : 480
Book Description
The former legal affairs editor of Newsweek takes us inside the secret world of the Supreme Court and shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. Never before has the Court been more central in American life. It is now the nine justices who too often decide the biggest 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 newest justice, Brett Kavanaugh—replacing Anthony Kennedy—is even more important, holding the swing vote over so much social policy. With the 2020 campaign underway, and with two justices in their ’80s, the Court looms even larger. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices, Kaplan provides fresh details about life behind the scenes at the Court: the reaction to Kavanaugh’s controversial arrival, the new role for Chief Justice John Roberts, Clarence Thomas's simmering rage, Antonin Scalia's death, Ruth Bader Ginsburg's celebrity, Breyer Bingo, and the petty feuding between Gorsuch and the chief justice. Kaplan offers a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United. (He also faults the Court for not getting involved when it should—for example, to limit partisan gerrymandering.) 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, as well as presenting an intimate inside look at the Court, The Most Dangerous Branch is sure to rile both sides of the political aisle.
Author: Richard Regan Publisher: CUA Press ISBN: 0813227216 Category : Law Languages : en Pages : 408
Book Description
The Supreme Court s decisions concerning the first amendment are hotly debated, and the controversy shows no signs of abating as additional cases come before the court. Adding much-needed historical and philosophical background to the discussion, Richard J. Regan reconsiders some of the most important Supreme Court cases regarding the establishment clause and the free exercise of religion.
Author: Paul M. Collins, Jr Publisher: Cambridge University Press ISBN: 1108498485 Category : Law Languages : en Pages : 287
Book Description
Examines the relationship between the president and the Supreme Court, including how presidents view the norm of judicial independence.
Author: Paul M. Collins
Author: Paul M. Collins
Author: Dion Farganis
Author: Ilya Shapiro
Author: Paul M. Collins
Author: Jeff Yates
Author: United States. Congress. Senate. Committee on the Judiciary
Author: David A. Kaplan
Author: United States. Congress. Senate. Committee on the Judiciary
Author: Richard Regan
Author: Paul M. Collins, Jr