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The Court Vs. Congress

The Court Vs. Congress PDF Author: Edward Keynes
Publisher: Duke University Press
ISBN: 9780822309680
Category : Law
Languages : en
Pages : 428

Book Description
Since the early 1960s the Supreme Court and its congressional critics have been locked in a continuing dispute over the issues of school prayer, busing, and abortion. Although for years the Court's congressional foes have introduced legislation designed to curb the powers of the federal courts in these areas, they have until now failed to enact such proposals. It is likely that these legislative efforts and the present confrontation with the Court will continue. Edward Keynes and Randall Miller argue that Congress lacks the constitutional power to legislate away the powers of the federal courts and to prevent individuals from seeking redress for presumed infringements of their constitutional rights in these areas. They demonstrate that neither the framers nor ratifiers of the Constitution intended the Congress to exercise plenary power over the appellate jurisdiction of the Supreme Court. Throughout its history the Court has never conceded unlimited powers to Congress; and until the late 1950s Congress had not attempted to gerrymander the Court's jurisdiction in response to specific decisions. But the authors contend this is just what the sponsors of recent legislative attacks on the Court intend, and they see such efforts as threatening the Court's independence and authority as defined in the separation of powers clauses of the Constitution.

The Court Vs. Congress

The Court Vs. Congress PDF Author: Edward Keynes
Publisher: Duke University Press
ISBN: 9780822309680
Category : Law
Languages : en
Pages : 428

Book Description
Since the early 1960s the Supreme Court and its congressional critics have been locked in a continuing dispute over the issues of school prayer, busing, and abortion. Although for years the Court's congressional foes have introduced legislation designed to curb the powers of the federal courts in these areas, they have until now failed to enact such proposals. It is likely that these legislative efforts and the present confrontation with the Court will continue. Edward Keynes and Randall Miller argue that Congress lacks the constitutional power to legislate away the powers of the federal courts and to prevent individuals from seeking redress for presumed infringements of their constitutional rights in these areas. They demonstrate that neither the framers nor ratifiers of the Constitution intended the Congress to exercise plenary power over the appellate jurisdiction of the Supreme Court. Throughout its history the Court has never conceded unlimited powers to Congress; and until the late 1950s Congress had not attempted to gerrymander the Court's jurisdiction in response to specific decisions. But the authors contend this is just what the sponsors of recent legislative attacks on the Court intend, and they see such efforts as threatening the Court's independence and authority as defined in the separation of powers clauses of the Constitution.

Congress V. the Supreme Court

Congress V. the Supreme Court PDF Author: Raoul Berger
Publisher: Cambridge, Mass : Harvard University Press
ISBN:
Category : Law
Languages : en
Pages : 456

Book Description
Annotated text examines the legitimacy of judicial review.

Congress Or the Supreme Court; which Shall Rule America?

Congress Or the Supreme Court; which Shall Rule America? PDF Author: Egbert Ray Nichols
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 486

Book Description


Courting Disaster

Courting Disaster PDF Author: Pat Robertson
Publisher: Thomas Nelson
ISBN: 1418576107
Category : Religion
Languages : en
Pages : 261

Book Description
In this book, Pat Robertson examines the threat of "no judicial limits" to the Christian heritage of our country, and how it has steadily eroded the power of both representative government and democracy itself.

How Our Laws are Made

How Our Laws are Made PDF Author: John V. Sullivan
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 72

Book Description


The Federalist Papers

The Federalist Papers PDF Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 455

Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

The Supreme Court versus Congress

The Supreme Court versus Congress PDF Author: William B. Glidden
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Political Science
Languages : en
Pages : 314

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.

Procedure in Federal Courts

Procedure in Federal Courts PDF Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Appellate procedure
Languages : en
Pages : 100

Book Description


Congress, the Constitution and the Supreme Court

Congress, the Constitution and the Supreme Court PDF Author: Charles Warren
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 328

Book Description


Congressional Record

Congressional Record PDF Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1084

Book Description