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Author: Trevor Burrus Publisher: Cato Institute ISBN: 1952223253 Category : Political Science Languages : en Pages : 313
Book Description
Now in its 20th year, the Cato Supreme Court Review brings together leading legal scholars to analyze key cases from the Court's most recent term, plus cases coming up. Topics in the 2020-2021 edition include public disclosure of charitable donations (Americans for Prosperity Foundation v. Bonta), the off-campus speech (Mahanoy Area School District v. B.L.), union access onto agribusiness land (Cedar Point Nursery v. Hassid), police acting as "community caretakers" and warrantless police entries (Caniglia v. Strom), and Arizona's new voting laws (Brnovich v. DNC).
Author: Trevor Burrus Publisher: Cato Institute ISBN: 1952223253 Category : Political Science Languages : en Pages : 313
Book Description
Now in its 20th year, the Cato Supreme Court Review brings together leading legal scholars to analyze key cases from the Court's most recent term, plus cases coming up. Topics in the 2020-2021 edition include public disclosure of charitable donations (Americans for Prosperity Foundation v. Bonta), the off-campus speech (Mahanoy Area School District v. B.L.), union access onto agribusiness land (Cedar Point Nursery v. Hassid), police acting as "community caretakers" and warrantless police entries (Caniglia v. Strom), and Arizona's new voting laws (Brnovich v. DNC).
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: Keith E. Whittington Publisher: University Press of Kansas ISBN: 0700630368 Category : Political Science Languages : en Pages : 432
Book Description
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Author: Tracey Maclin Publisher: ISBN: 0199795479 Category : Law Languages : en Pages : 414
Book Description
The application of the Fourth Amendment's exclusionary rule has divided the justices of the Supreme Court for nearly a century. This book traces the rise and fall of the exclusionary rule with insight and behind-the-scenes access into the Court's thinking.
Author: Erwin Chemerinsky Publisher: Penguin Books ISBN: 0143128000 Category : History Languages : en Pages : 402
Book Description
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Author: Jamal Greene Publisher: Houghton Mifflin ISBN: 1328518116 Category : Law Languages : en Pages : 341
Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author: Richard H. Timberlake Publisher: Cambridge University Press ISBN: 1107032547 Category : Business & Economics Languages : en Pages : 263
Book Description
This book analyzes nine Supreme Court decisions that dealt primarily with money, monetary events, and monetary policy, from McCulloch v. Maryland in 1819 to the Gold Clause Cases in 1934-35. In doing so, it explains how both the gold standard and central bank work, how the former gave way to the latter, and how the Federal Reserve became unconstitutional.
Author: Brian Doherty Publisher: Cato Institute ISBN: 193399598X Category : Political Science Languages : en Pages : 170
Book Description
In June 2008, the Supreme Court had its first opportunity in seven decades to decide a question at the heart of one of America’s most impassioned debates: Do Americans have a right to possess guns? Gun Control on Trial tells the full story of the Court’s decision in District of Columbia v. Heller, which ended the District’s gun ban. With exclusive behind-the-scenes access throughout the process, author Brian Doherty is uniquely positioned to delve into the issues of this monumental case and provides compelling looks at the inside stories, including the plaintiffs’ fight for the right to protect their lives, the activist lawyers who worked to affirm that right, and the forces who fought to stop the case.
Author: D. Gans Publisher: Springer ISBN: 1137479701 Category : Political Science Languages : en Pages : 128
Book Description
An expanded version of a series of debates between the authors, this book examines the nature of corporate rights, especially with respect to religious liberty, in the context of the controversial Hobby Lobby case from the Supreme Court's 2013-14 term.
Author: Trevor Burrus
Author: Trevor Burrus
Author: Ilya Shapiro
Author: Keith E. Whittington
Author: Mark K. Moller
Author: Tracey Maclin
Author: Erwin Chemerinsky
Author: Jamal Greene
Author: Richard H. Timberlake
Author: Brian Doherty
Author: D. Gans