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Author: Ryan J. Rebe Publisher: Rowman & Littlefield ISBN: 1793611343 Category : Political Science Languages : en Pages : 113
Book Description
The Era of Political Partisanship on the U.S. Supreme Court challenges conventional notions of consensus-building and neutral decision-making on the U.S. Supreme Court and argues that the justices vote their partisan preferences on election law cases. By focusing specifically on election law, Rebe reveals a consistent pattern of partisanship on the Court. The findings controvert popular perceptions of non-biased decision-making and fundamental fairness. The aggregate analysis shows that the justices vote along party-lines in a majority of election law cases, and consensus-building is rare when there is a contentious electoral issue at stake. Moreover, these decisions often conflict with principles of stare decisis, originalism, or judicial restraint. The topics covered include: gerrymandering, campaign finance, voter ID laws, and mail-in voting, among others. Rebe also conducts a content analysis of the most controversial election law cases of the past twenty years, such as: Vieth v. Jubelirer, Crawford v. Marion County, Citizens United v. FEC, and Shelby County v. Holder. This book provides a thorough overview of two decades of election law cases and sheds light on the impact these decisions have had on remaking America’s electoral institutions.
Author: Ryan J. Rebe Publisher: Rowman & Littlefield ISBN: 1793611343 Category : Political Science Languages : en Pages : 113
Book Description
The Era of Political Partisanship on the U.S. Supreme Court challenges conventional notions of consensus-building and neutral decision-making on the U.S. Supreme Court and argues that the justices vote their partisan preferences on election law cases. By focusing specifically on election law, Rebe reveals a consistent pattern of partisanship on the Court. The findings controvert popular perceptions of non-biased decision-making and fundamental fairness. The aggregate analysis shows that the justices vote along party-lines in a majority of election law cases, and consensus-building is rare when there is a contentious electoral issue at stake. Moreover, these decisions often conflict with principles of stare decisis, originalism, or judicial restraint. The topics covered include: gerrymandering, campaign finance, voter ID laws, and mail-in voting, among others. Rebe also conducts a content analysis of the most controversial election law cases of the past twenty years, such as: Vieth v. Jubelirer, Crawford v. Marion County, Citizens United v. FEC, and Shelby County v. Holder. This book provides a thorough overview of two decades of election law cases and sheds light on the impact these decisions have had on remaking America’s electoral institutions.
Author: John A. Jenkins Publisher: Public Affairs ISBN: 1586488872 Category : Biography & Autobiography Languages : en Pages : 370
Book Description
Follows Rehnquist's career as a young lawyer in Arizona through his journey to Washington though the Warren and Burger courts to his twenty-year tenure as a Supreme Court Chief Justice who favored government power over individual rights.
Author: James D. Zirin Publisher: Rowman & Littlefield ISBN: 1442266376 Category : Political Science Languages : en Pages : 315
Book Description
On the eve of a presidential election that may determine the makeup of Supreme Court justices for decades to come, prominent attorney James D. Zirin argues that the Court has become increasingly partisan, rapidly making policy choices right and left on bases that have nothing to do with law or the Constitution. Zirin explains how we arrived at the present situation and looks at the current divide through its leading partisans, Justices Ruth Bader Ginsburg and Sonia Sotomayor on the left and Antonin Scalia and Clarence Thomas on the right. He also examines four of the Court’s most controversial recent decisions – Hobby Lobby, Obamacare, gay marriage, and capital punishment – arguing that these politicized decisions threaten to undermine public confidence in the Supreme Court.
Author: Herbert M. Kritzer Publisher: Cambridge University Press ISBN: 9781107462991 Category : Law Languages : en Pages : 0
Book Description
Justices on the Ballot addresses two central questions in the study of judicial elections: How have state supreme court elections changed since World War II? And, what effects have those changes had on election outcomes, state supreme court decisions, and the public's view of the courts? To answer these questions, Herbert M. Kritzer takes the broadest scope of any study to date, investigating every state supreme court election between 1946 and 2013. Through an analysis of voting returns, campaign contributions and expenditures, television advertising, and illustrative case studies, he shows that elections have become less politicized than commonly believed. Rather, the changes that have occurred reflect broader trends in American politics, as well as increased involvement of state supreme courts in hot-button issues.
Author: Terri Jennings Peretti Publisher: University Press of Kansas ISBN: 0700630198 Category : Political Science Languages : en Pages : 376
Book Description
“I have no agenda,” US Supreme Court Chief Justice John Roberts proclaimed at his Senate confirmation hearing: “My job is to call balls and strikes and not to pitch or bat.” This declaration was in keeping with the avowed independence of the judiciary. It also, when viewed through the lens of Roberts’s election law decisions, appears to be false. With a scrupulous reading of judicial decisions and a careful assessment of partisan causes and consequences, Terri Jennings Peretti tells the story of the GOP’s largely successful campaign to enlist judicial aid for its self-interested election reform agenda. Partisan Supremacy explores four contemporary election law issues—voter identification, gerrymandering, campaign finance, and the preclearance regime of the Voting Rights Act—to uncover whether Republican politicians and Republican judges have collaborated to tilt America’s election rules in the GOP’s favor. Considering cases from Shelby County v. Holder, which enfeebled the Voting Rights Act, to Crawford v. Marion County Election Board, which upheld restrictive voter identification laws, to Citizens United and McCutcheon, which loosened campaign finance restrictions, Peretti lays bare the reality of “friendly” judicial review and partisan supremacy when it comes to election law. She nonetheless finds a mixed verdict in the redistricting area that reveals the limits of partisan control over judicial decisions. Peretti’s book helpfully places the current GOP’s voter suppression campaign in historical context by acknowledging similar efforts by the postCivil War Democratic Party. While the modern Democratic Party seeks electoral advantage by expanding voting by America’s minorities and youth, arguably hewing closer to democratic principles, neither party is immune to the powerful incentive to bend election rules in its favor. In view of the evidence that Partisan Supremacy brings to light, we are left with a critical and pressing question: Can democracy survive in the face of partisan collaboration across the branches of government on critical election issues?
Author: Stephen Breyer Publisher: Harvard University Press ISBN: 0674269365 Category : Law Languages : en Pages : 113
Book Description
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Author: Ethan Greenberg Publisher: Rowman & Littlefield ISBN: 9780739137581 Category : History Languages : en Pages : 344
Book Description
The Dred Scott decision of 1857 is widely(and correctly) regarded as the very worst in the long history of the U.S. Supreme Court. The decision held that no African American could ever be a U.S. citizen and declared that the Missouri Compromise of 1820 was unconstitutional and void. The decision thus appeared to promise that slavery would be forever protected in the great American West. Prompting mass outrage, the decision was a crucial step on the road that led to the Civil War. Dred Scott and the Dangers of a Political Court traces the history of the case and tells the story of many of the key people involved, including Dred and Harriet Scott. President James Buchanan, Chief Justice Roger Taney, and Abraham Lincoln. Many modern commentators view the case chiefly in relation to Roe v. Wade and related controversies in modern constitutional law. Judge Ethan Greenberg demonstrates that most modern critiques of the case have little merit. The Dred Scott case was not about constitutional methodology, but chiefly about slavery, and about how very far the Dred Scott Court was willing to go to protect the political interests of the slave-holding South. The decision was wrong because the Court subordinated law and intellectual honesty to politics. The case thus exemplifies the dangers of a political Court. Book jacket.
Author: Chris W. Bonneau Publisher: Routledge ISBN: 1135852693 Category : Law Languages : en Pages : 198
Book Description
Ought judges be independent of democratic pressures, or should they be subjected to the preferences and approval of the electorate? In this book, Bonneau and Hall use empirical data to shed light on these normative questions and offer a coherent defense of judicial elections.
Author: Ryan J. Rebe
Author: Ryan J. Rebe
Author: John A. Jenkins
Author: James D. Zirin
Author: Gerald Leonard
Author: Herbert M. Kritzer
Author: Terri Jennings Peretti
Author: Stephen Breyer
Author: Ethan Greenberg
Author: Brandon L. Bartels
Author: Chris W. Bonneau