Curbing the Court

Curbing the Court
Author: Brandon L. Bartels
Publisher: Cambridge University Press
Total Pages: 321
Release: 2020-08-20
Genre: Law
ISBN: 1107188415

Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.

The Authority of the Court and the Peril of Politics

The Authority of the Court and the Peril of Politics
Author: Stephen Breyer
Publisher: Harvard University Press
Total Pages: 113
Release: 2021-09-14
Genre: Law
ISBN: 0674269365

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.

Judicial Politics in Polarized Times

Judicial Politics in Polarized Times
Author: Thomas M. Keck
Publisher: University of Chicago Press
Total Pages: 374
Release: 2014-12-04
Genre: Political Science
ISBN: 022618255X

This “important and timely discussion of judicial politics” sheds light on America’s courts as they rule on abortion, gay rights, gun rights, and more (Choice). When the Supreme Court upheld the Affordable Care Act, some saw the decision as a textbook example of neutral judicial decision making, noting that a Republican Chief Justice joined the Court’s Democratic appointees in their vote. Others decried the decision as an example of partisan justice citing a Republican bloc of Court appointees who voted to strike the statute down. Still others argued that the ACA’s fate ultimately hinged not on the Court but on the outcome of the 2012 election. These interpretations reflect larger shifts in judicial politics that have emerged in today’s increasingly polarized America. Are judges neutral legal umpires, unaccountable partisan activists, or political actors whose decisions conform to—rather than challenge—the democratic will? Drawing on a sweeping survey of hot-button litigation—on abortion, affirmative action, gay rights, and gun rights—across the Clinton, Bush, and Obama eras, Thomas M. Keck argues that, while each of these perspectives has merit, each is also misleading. Despite judges’ claims, actual legal decisions are not the politically neutral products of disembodied legal texts. But neither are judges “tyrants in robes,” undermining democratic values by imposing their own preferences. Just as often, judges and the public seem to be pushing in the same direction. As for the argument that the courts are powerless institutions, Keck shows that their decisions have profound political effects. And, while advocates on both the left and right use litigation to achieve their ends, neither side has consistently won. Ultimately, Keck argues, judges respond not simply as umpires, activists, or political actors, but in light of distinctive judicial values and practices.

Democracies Divided

Democracies Divided
Author: Thomas Carothers
Publisher: Brookings Institution Press
Total Pages: 298
Release: 2019-09-24
Genre: Political Science
ISBN: 081573722X

“A must-read for anyone concerned about the fate of contemporary democracies.”—Steven Levitsky, co-author of How Democracies Die 2020 CHOICE Outstanding Academic Title Why divisions have deepened and what can be done to heal them As one part of the global democratic recession, severe political polarization is increasingly afflicting old and new democracies alike, producing the erosion of democratic norms and rising societal anger. This volume is the first book-length comparative analysis of this troubling global phenomenon, offering in-depth case studies of countries as wide-ranging and important as Brazil, India, Kenya, Poland, Turkey, and the United States. The case study authors are a diverse group of country and regional experts, each with deep local knowledge and experience. Democracies Divided identifies and examines the fissures that are dividing societies and the factors bringing polarization to a boil. In nearly every case under study, political entrepreneurs have exploited and exacerbated long-simmering divisions for their own purposes—in the process undermining the prospects for democratic consensus and productive governance. But this book is not simply a diagnosis of what has gone wrong. Each case study discusses actions that concerned citizens and organizations are taking to counter polarizing forces, whether through reforms to political parties, institutions, or the media. The book’s editors distill from the case studies a range of possible ways for restoring consensus and defeating polarization in the world’s democracies. Timely, rigorous, and accessible, this book is of compelling interest to civic activists, political actors, scholars, and ordinary citizens in societies beset by increasingly rancorous partisanship.

The Cycles of Constitutional Time

The Cycles of Constitutional Time
Author: J. M. Balkin
Publisher:
Total Pages: 257
Release: 2020
Genre: Law
ISBN: 0197530990

The Cycles of Constitutional Time shows where American democracy has been and projects where it is going. Jack Balkin explains why our politics seems so dysfunctional and why fights over the courts seem so bitter and unhinged. He portrays our present troubles in terms of longer, constitutional trends. In doing so, he also offers a message of hope for the future. The same trends that put us in this predicament are slowly changing. Our political system can get better if Americans mobilize to change it.

The Company They Keep

The Company They Keep
Author: Neal Devins
Publisher:
Total Pages: 273
Release: 2019
Genre: LAW
ISBN: 0190278056

The Company They Keep advances a new way of thinking about Supreme Court decision-making. In so doing, it explains why today's Supreme Court is the first ever in which lines of ideological division are also partisan lines between justices appointed by Republican and Democratic presidents.

Dissent

Dissent
Author: Jackie Calmes
Publisher: Twelve
Total Pages: 432
Release: 2021-06-15
Genre: Political Science
ISBN: 1538700816

Featuring new interviews with his accusers and overlooked evidence of his deceptions, a deeply reported account of the life and confirmation of Brett Kavanaugh, set against the conservative movement's capture of the courts. In DISSENT, award-winning investigative journalist Jackie Calmes brings readers closer to the truth of who Supreme Court Justice Brett Kavanaugh is, where he came from, and how he and the Republican party at large managed to secure one of the highest seats of power in the land. Kavanaugh's rise to the justice who solidified conservative control of the supreme court is a story of personal achievement, but also a larger, political tale: of the Republican Party's movement over four decades toward the far right, and its parallel campaign to dominate the government's judicial branch as well as the other two. And Kavanaugh uniquely personifies this history. Fourteen years before reaching the Supreme Court, during a three-year fight for a seat on the D.C. Circuit Court of Appeals, Democratic Senator Dick Durbin would say to Kavanaugh, "It seems that you are the Zelig or Forrest Gump of Republican politics. You show up at every scene of the crime." Featuring revelatory new reporting and exclusive interviews, DISSENT is a harrowing look into the highest echelons of political power in the United States, and a captivating survey of the people who will do anything to have it.

Perceptions of a Polarized Court

Perceptions of a Polarized Court
Author: Michael F. Salamone
Publisher: Temple University Press
Total Pages: 214
Release: 2018-10-31
Genre: Political Science
ISBN: 1439916950

Like our divided nation, the Supreme Court is polarized. But does a split among Supreme Court justices—particularly when it occurs along ideological lines—hurt public perception and the Court’s ability to muster popular support for its rulings? Michael Salamone’s Perceptions of a Polarized Court offers the first comprehensive, empirical analysis of how divisiveness affects the legitimacy of the Court’s decisions. Salamone looks specifically at the Roberts Court years—which are characterized by unprecedented ideological and partisan polarization among the justices—to evaluate the public consequences of divided Supreme Court rulings. He also analyzes both the media’s treatment of Supreme Court decisions and public opinion toward the Court’s rulings to show how public acceptance is (or is not) affected. Salmone contends that judicial polarization has had an impact on the manner in which journalists report on the Supreme Court. However, contrary to expectation, Court dissent may help secure public support by tapping into core democratic values.

The Grasping Hand

The Grasping Hand
Author: Ilya Somin
Publisher: University of Chicago Press
Total Pages: 369
Release: 2015-05-28
Genre: Law
ISBN: 022625674X

In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

Justice Scalia

Justice Scalia
Author: Brian G. Slocum
Publisher: University of Chicago Press
Total Pages: 268
Release: 2019-03-06
Genre: Law
ISBN: 022660182X

Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.