The Supreme Court Versus Democracy PDF Download

Author: Brian Becker
Publisher:
ISBN: 9780996246538
Category :
Languages : en
Pages : 0

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Author: Jamin B. Raskin
Publisher: Psychology Press
ISBN: 9780415948951
Category : Political questions and judicial power
Languages : en
Pages : 316

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The current five-vote majority on the Supreme Court may be the most divisive, anti-democratic court in American history. Overruling Democracy disputes the majority's awful rulings on third parties, race, high schools and corporations.

Author: John Agresto
Publisher: Cornell University Press
ISBN: 9780801492778
Category : Law
Languages : en
Pages : 188

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Book Description
Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.

Author: Robert G Beard, Jr
Publisher: Independently Published
ISBN:
Category :
Languages : en
Pages : 0

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The Founding Fathers feared and loathed Democracy and gave Americans a Republic. Envision a Democracy as two wolves and one lamb deciding what to have for dinner; freedom is a well-armed lamb contesting the vote. The Supreme Court has allowed our Republic to be slowly and methodically transformed into a Democracy. Too many important decisions resulted in 5-to-4 split rulings. If nine of the finest legal experts in the country are unable to agree on what a statute or regulation means, how then, are everyday Americans to understand the law?! Justice Bradley understood, "It is the duty of courts to be watchful for the constitutional rights of the citizens, and against any stealthy encroachments [by Congress and Government]." Before this statement becomes completely irrelevant, the Supreme Court must enact three simple rule changes and begin the principled process of restoring FREEDOM.

Author: Timothy Kuhner
Publisher: Stanford Law Books
ISBN: 9780804780667
Category : Law
Languages : en
Pages : 0

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As of the latest national elections, it costs approximately $1 billion to become president, $10 million to become a Senator, and $1 million to become a Member of the House. High-priced campaigns, an elite class of donors and spenders, superPACs, and increasing corporate political power have become the new normal in American politics. In Capitalism v. Democracy, Timothy Kuhner explains how these conditions have corrupted American democracy, turning it into a system of rule that favors the wealthy and marginalizes ordinary citizens. Kuhner maintains that these conditions have corrupted capitalism as well, routing economic competition through political channels and allowing politically powerful companies to evade market forces. The Supreme Court has brought about both forms of corruption by striking down campaign finance reforms that limited the role of money in politics. Exposing the extreme economic worldview that pollutes constitutional interpretation, Kuhner shows how the Court became the architect of American plutocracy. Capitalism v. Democracy offers the key to understanding why corporations are now citizens, money is political speech, limits on corporate spending are a form of censorship, democracy is a free market, and political equality and democratic integrity are unconstitutional constraints on money in politics. Supreme Court opinions have dictated these conditions in the name of the Constitution, as though the Constitution itself required the privatization of democracy. Kuhner explores the reasons behind these opinions, reveals that they form a blueprint for free market democracy, and demonstrates that this design corrupts both politics and markets. He argues that nothing short of a constitutional amendment can set the necessary boundaries between capitalism and democracy.

Author: Adam Lamparello
Publisher: Routledge
ISBN: 1315407760
Category : Law
Languages : en
Pages : 295

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Book Description
This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court’s decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I–V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court’s reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices’ judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.

Author: Stephen Breyer
Publisher: Vintage
ISBN: 0307424618
Category : Political Science
Languages : en
Pages : 176

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Book Description
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Author: Tom Ginsburg
Publisher: University of Chicago Press
ISBN: 022656438X
Category : Law
Languages : en
Pages : 306

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Book Description
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

Author: Matt Beat
Publisher: Mango Media
ISBN: 1684810671
Category : Law
Languages : en
Pages : 468

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Mr.Beat Connects the Supreme Court History Right to You! #1 Best Seller in Courts & Law Mr. Beat’s The Power of Our Supreme Court is the Supreme Court book of decisions that affect the everyday lives of Americans everywhere. The real democracy of America unveiled. What does the Supreme Court do? Sure, people care when the court makes a big ruling, but most don’t pay attention to the court’s day-to-day decisions. In this highly relevant law book, Mr. Beat takes you on a journey through our Supreme Court system, what it is, who is in it and how they got to be there, while foreshadowing how it shapes our very future. A tour of the most influential cases in history. Inspired by Mr. Beat’s court series, The Power of Our Supreme Court walks through many Supreme Court history cases from landmark cases to the more obscure. Matt Beat explains how each case affects us to this day in a way that is engaging, applicable, and easy to understand, even for beginners. Inside, you’ll find: Detailed explanations of the Supreme Court, how it works, and how it affects you A Supreme Court cases book perfect for anyone interested in social science, political science, activism, law, or current events Interesting visuals, charts, and graphs to help contextualize and breakdown the historical significance of big and small cases If you like courtroom books, legal books for lawyers, or books on politics like The Shadow Docket, How Civil Wars Start, The Color of Law, or The Flip Side of History, you’ll love Mr. Beat’s The Power of Our Supreme Court.

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.