Author: Kermit L. HallPublisher: Routledge
ISBN: 1135691819
Category : Law
Languages : en
Pages : 434
Book Description
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
The Least Dangerous Branch: Separation of Powers and Court-Packing
Author: Kermit L. HallPublisher: Routledge
ISBN: 1135691819
Category : Law
Languages : en
Pages : 434
Book Description
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
The Least Dangerous Branch: Separation of Powers and Court-Packing
Author: Kermit L. HallPublisher: Routledge
ISBN: 1135691746
Category : Law
Languages : en
Pages : 431
Book Description
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
The Separation of Governmental Powers in History, in Theory, and in the Constitutions
Author: William BondyPublisher: The Lawbook Exchange, Ltd.
ISBN: 188636365X
Category : Separation of powers
Languages : en
Pages : 186
Book Description
Bondy, William. Separation of Governmental Powers in History, in Theory, and in the Constitutions. New York: Columbia College, 1896. Reprinted 1999 by The Lawbook Exchange, Ltd. vi,[7]-185, [1] pp. LCCN 98-44994. ISBN 1-886363-65-X. Cloth. $65. * Examines theories relating to the powers of the court and the legislature and the separation and balance of the two. Originally published as v.5, no. 2 in Columbia's series, Studies in history, economics and public law.
Separation of Powers in Practice
Author: Thomas CampbellPublisher: Stanford University Press
ISBN: 0804750270
Category : Law
Languages : en
Pages : 248
Book Description
Each branch of American government possesses inherent advantages and disadvantages in structure. In this book, the author relies on a separation-of-powers analysis that emphasizes the advantage of the legislature to draft precise words to fit intended situations, the judiciarys advantage of being able to do justice in an individual case, and the executives homogeneity and flexibility, which best suits it to decisions of an ad hoc nature. Identifying these structural abilities, the author analyzes major public policy issues, including gun control, flag burning, abortion, civil rights, war powers, suing the President, legislative veto, the exclusionary rule, and affirmative action. Each issue is examined not from the point of view of determining the right outcome, but with the intention of identifying the branch of government most appropriate for making the decision.
The Politically Incorrect Guide to the Supreme Court
Author: John YooPublisher: Simon and Schuster
ISBN: 1684514320
Category : Political Science
Languages : en
Pages : 229
Book Description
Justice in the Balance Alexander Hamilton famously predicted that the judiciary would be "the least dangerous" branch of government. How's that working out? The Supreme Court stands as arbiter over a country increasingly unable to govern itself. Americans can't agree on the meaning of the Constitution or even the rule of law. Are the nine high priests enthroned in their marble temple the saviors of the Republic or the pallbearers of democracy? Are they defenders of the Constitution as written or super-legislators who make law from the bench? What did the Founders envision when they vested the "judicial Power" in "one supreme Court"? John Yoo, a professor of law at UC Berkeley, and Robert J. Delahunty, a fellow at the Claremont Institute Center for the American Way of Life, provide the answers with an incisive reading of the law and constitutional history. The Politically Incorrect Guide to the Supreme Court explains: The turbulent history of the court's early years, and the eventual triumph of "judicial supremacy" The Bill of Rights: how the Court has defined free speech, freedom of religion, and the right to bear arms The Court's notorious rulings and how they were overturned—from Dred Scottto Roe v. Wade Why "court-packing" is a constant temptation for Democratic presidents The Supreme Court's best and worst justices—and what qualities distinguished them The future of the Supreme Court: Will it be the rubber stamp of corrupt administrations or the ultimate watchdog protecting our nation's liberties? The Politically Incorrect Guide to the Supreme Court offers a penetrating and irreverent account of the justices—ideologues and cowards, geniuses and mediocrities, all of them thoroughly human—and a fascinating analysis of a Court that has swung like a pendulum from preserving the Republic to undermining government by the people and back to defending the Constitution. Sprightly, informative, and powerfully argued, this book is guaranteed to give the reader a deeper understanding of America's most powerful judicial body.
The Separation of Powers Doctrine
Author: T. J. HalsteadPublisher: Nova Science Publishers
ISBN:
Category : Political Science
Languages : en
Pages : 68
Book Description
This book discusses the philosophical underpinnings, constitutional provisions, and judicial application of the separation of powers doctrine. In the United States, the doctrine has evolved to ensure that there are three branches of government, each with its own function and each with an equal amount of power. This allows each branch, executive, legislative, and judicial to work efficiently and prevents the excessive accumulation of power by any single branch through a system of checks and balances. This book presents an overview of the rationale of the doctrine along with its application.
Separation of Powers Law
Author: Peter M. ShanePublisher: Springer
ISBN:
Category : Computers
Languages : en
Pages : 1210
Book Description
The Most Dangerous Branch
Author: David A. KaplanPublisher: 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.
Keeping Faith with the Constitution
Author: Goodwin LiuPublisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
The Rule of Recognition and the U.S. Constitution
Author: Matthew AdlerPublisher: Oxford University Press
ISBN: 0195343298
Category : Language Arts & Disciplines
Languages : en
Pages : 412
Book Description
A volume of original essays that discusses the applicability of H. L. A. Hart's rule of recognition model of a legal system to U. S. Constitutional law as discussed in his book "The concept of law".