The Nature of Supreme Court Power

The Nature of Supreme Court Power
Author: Matthew E. K. Hall
Publisher: Cambridge University Press
Total Pages: 0
Release: 2013-09-12
Genre: Political Science
ISBN: 9781107617827

Few institutions in the world are credited with initiating and confounding political change on the scale of the United States Supreme Court. The Court is uniquely positioned to enhance or inhibit political reform, enshrine or dismantle social inequalities, and expand or suppress individual rights. Yet despite claims of victory from judicial activists and complaints of undemocratic lawmaking from the Court's critics, numerous studies of the Court assert that it wields little real power. This book examines the nature of Supreme Court power by identifying conditions under which the Court is successful at altering the behavior of state and private actors. Employing a series of longitudinal studies that use quantitative measures of behavior outcomes across a wide range of issue areas, it develops and supports a new theory of Supreme Court power. Matthew E. K. Hall finds that the Court tends to exercise power successfully when lower courts can directly implement its rulings; however, when the Court must rely on non-court actors to implement its decisions, its success depends on the popularity of those decisions. Overall, this theory depicts the Court as a powerful institution, capable of exerting significant influence over social change.

Introduction to Public Forum and Congressional Debate

Introduction to Public Forum and Congressional Debate
Author: Jeffrey Hannan
Publisher: Idea
Total Pages: 0
Release: 2012
Genre: Debates and debating
ISBN: 9781617700385

Conceived and written by three of the most successful and talented National Forensic League coaches and educators, this text brings together current best practices for Public Forum and Congressional Debate.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Supreme Court and Constitutional Democracy

The Supreme Court and Constitutional Democracy
Author: John Agresto
Publisher: Cornell University Press
Total Pages: 184
Release: 2016-10-15
Genre: Law
ISBN: 1501712918

In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.

Injustices

Injustices
Author: Ian Millhiser
Publisher: Bold Type Books
Total Pages: 370
Release: 2016-06-28
Genre: Political Science
ISBN: 1568585853

Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.

Contested Ground

Contested Ground
Author: Dan A. Farber
Publisher: Univ of California Press
Total Pages: 277
Release: 2021-10-19
Genre: Law
ISBN: 0520343948

"Presidential power is hotly disputed these days - as it has been many times in recent decades. Yet the same rules must apply to all presidents, those whose abuses of power we fear as well as those whose exercises of power we applaud. This book is about what constitutional law tells us about presidential power and its limits. It is very difficult to strike the right balance between limiting abuse of power and authorizing its exercise when needed. This book advocates a balanced, pragmatic approach to these issues, rooted in history and Supreme Court rulings"--

Constitutional Originalism

Constitutional Originalism
Author: Robert W. Bennett
Publisher: Cornell University Press
Total Pages: 223
Release: 2011-06-06
Genre: Law
ISBN: 0801461111

Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.

Debating in the World Schools Style

Debating in the World Schools Style
Author: Simon Quinn
Publisher: IDEA
Total Pages: 276
Release: 2009
Genre: Education
ISBN: 9781932716559

Offers students an overview of the world schools style of debating, with expert advice for every stage of the process, including preparation, rebuttal, style, reply speeches, and points of information.

How to Win Every Argument

How to Win Every Argument
Author: Madsen Pirie
Publisher: Bloomsbury Publishing
Total Pages: 241
Release: 2015-03-12
Genre: Philosophy
ISBN: 147252697X

In the second edition of this witty and infectious book, Madsen Pirie builds upon his guide to using - and indeed abusing - logic in order to win arguments. By including new chapters on how to win arguments in writing, in the pub, with a friend, on Facebook and in 140 characters (on Twitter), Pirie provides the complete guide to triumphing in altercations ranging from the everyday to the downright serious. He identifies with devastating examples all the most common fallacies popularly used in argument. We all like to think of ourselves as clear-headed and logical - but all readers will find in this book fallacies of which they themselves are guilty. The author shows you how to simultaneously strengthen your own thinking and identify the weaknesses in other people arguments. And, more mischievously, Pirie also shows how to be deliberately illogical - and get away with it. This book will make you maddeningly smart: your family, friends and opponents will all wish that you had never read it. Publisher's warning: In the wrong hands this book is dangerous. We recommend that you arm yourself with it whilst keeping out of the hands of others. Only buy this book as a gift if you are sure that you can trust the recipient.

Dissent and the Supreme Court

Dissent and the Supreme Court
Author: Melvin I. Urofsky
Publisher: Vintage
Total Pages: 545
Release: 2015-10-13
Genre: Law
ISBN: 110187063X

“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.