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Author: Edward Keynes Publisher: ISBN: Category : Law Languages : en Pages : 432
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.
Author: Edward Keynes Publisher: ISBN: Category : Law Languages : en Pages : 432
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.
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.
Author: Anna Harvey Publisher: Yale University Press ISBN: 0300171110 Category : Political Science Languages : en Pages : 385
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.
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.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers Publisher: ISBN: Category : Separation of powers Languages : en Pages : 680
Book Description
Assesses role of present-day Supreme Court in relation to its constitutional mandate and limitations and its historically accepted role. Includes Legislative Reference Service report "Supreme Court Decisions, 1953-68, Which Have Modified Prior Interpretations or Established New Constitutional Principals" (Aug. 7, 1968. p. 253-337).
Author: Walter F. Murphy Publisher: Quid Pro Books ISBN: 1610272684 Category : Law Languages : en Pages : 424
Book Description
Princeton political scientist Walter Murphy analyzed the role of Congress in trying to manage an activist Supreme Court at a time of seismic change in the law and evolving interplay between these powerful institutions. As the original dustjacket offered, this is a "first-rate assessment of the delicate balance of power between Congress and the Supreme Court as it affects the American political process." The new digital republication of this classic work adds a 2014 Foreword by law professor Thomas Baker, who notes the continuing relevance of Murphy's insights: "The principal object lesson he offers is that what happened in the 1950s happened before and will happen again, that separation of powers showdowns are cyclical." In sum, "This book was recognized immediately upon publication as an important contribution to the literature on separation of powers and in particular the constitutional dynamic between Congress and the Court." It "continues to enjoy in the canon of constitutional law" a recognized status, to both legal academics and political scientists, as Baker explains in his contemporary introduction. The new digital edition presents the original text and tables accurately and properly formatted as an ebook; it features active contents, linked chapter footnotes and endnotes, and even a fully-linked Index for continuity with the original print edition. Originally published by the University of Chicago Press, this is an authorized and unabridged new addition to the Classics of Law & Society Series from Quid Pro Books.
Author: Edward Keynes
Author: Edward Keynes
Author: Charles Warren
Author: Raoul Berger
Author: William B. Glidden
Author: Charles Herman Pritchett
Author: Anna Harvey
Author: Charles Herman Pritchett
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
Author: Walter F. Murphy