Judicial Review And American Conservatism
Download Judicial Review And American Conservatism full books in PDF, epub, and Kindle. Read online free Judicial Review And American Conservatism ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Robert Daniel Rubin |
Publisher | : Cambridge University Press |
Total Pages | : 359 |
Release | : 2017-03-20 |
Genre | : History |
ISBN | : 1107060559 |
Majoritarian Justices -- The Great Debate -- The Imperial Judiciary -- Notes -- Index
Author | : Thomas M. Keck |
Publisher | : University of Chicago Press |
Total Pages | : 394 |
Release | : 2010-02-15 |
Genre | : Political Science |
ISBN | : 0226428869 |
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
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.
Author | : Michael Avery |
Publisher | : Vanderbilt University Press |
Total Pages | : 503 |
Release | : 2021-04-30 |
Genre | : Law |
ISBN | : 082650339X |
Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House. Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies. The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on • regulation of business and private property • race and gender discrimination and affirmative action • personal sexual autonomy, including abortion and gay rights • American exceptionalism and international law
Author | : Johnathan O'Neill |
Publisher | : JHU Press |
Total Pages | : 398 |
Release | : 2022-11-29 |
Genre | : History |
ISBN | : 1421444623 |
"In this work of intellectual history, the author identifies four transformations in federal goverrnment that followed the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to each transformation"--
Author | : Steven Michael Teles |
Publisher | : |
Total Pages | : 339 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 9780691122083 |
Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.
Author | : Andrew J. Bacevich |
Publisher | : Library of America |
Total Pages | : 749 |
Release | : 2020-04-07 |
Genre | : Political Science |
ISBN | : 1598536575 |
As the nation stands at a crossroads, this “valuable collection” urges us to reexamine the ideas and values of the American conservative tradition—offering “a bracing tonic for the present chaos” (The Washington Post). A groundbreaking collection of mainstream conservative writings since 1900, featuring pieces by Ronald Reagan, Antonin Scalia, Joan Didion, and more What is American conservatism? What are its core beliefs and values? What answers can it offer to the fundamental questions we face in the twenty-first century about the common good and the meaning of freedom, the responsibilities of citizenship, and America’s proper role in the world? As libertarians, neoconservatives, Never Trump-ers, and others battle over the label, this landmark collection offers an essential survey of conservative thought in the United States since 1900, highlighting the centrality of four key themes: the importance of tradition and the local, resistance to an ever-expanding state, opposition to the threat of tyranny at home and abroad, and free markets as the key to sustaining individual liberty. Andrew J. Bacevich’s incisive selections reveal that American conservatism—in his words “more akin to an ethos or a disposition than a fixed ideology”—has hardly been a monolithic entity over the last 120 years, but rather has developed through fierce internal debate about basic political and social propositions. Well-known figures such as Ronald Reagan and William F. Buckley are complemented here by important but less familiar thinkers such as Richard Weaver and Robert Nisbet, as well as writers not of the political right, like Randolph Bourne, Joan Didion, and Reinhold Niebuhr, who have been important influences on conservative thinking. More relevant than ever, this rich, too often overlooked vein of writing provides essential insights into who Americans are as a people and offers surprising hope, in a time of extreme polarization, for finding common ground. It deserves to be rediscovered by readers of all political persuasions.
Author | : Robert Daniel Rubin |
Publisher | : Cambridge University Press |
Total Pages | : 359 |
Release | : 2017-03-20 |
Genre | : History |
ISBN | : 1108161626 |
The Christian Right of the 1980s forged its political identity largely in response to what it perceived as liberal 'judicial activism'. Robert Daniel Rubin tells this story as it played out in Mobile, Alabama. There, a community conflict pitted a group of conservative evangelicals, a sympathetic federal judge, and a handful of conservative intellectuals against a religious agnostic opposed to prayer in schools, and a school system accused of promoting a religion called 'secular humanism'. The twists in the Mobile conflict speak to the changes and continuities that marked the relationship of 1980s' religious conservatism to democracy, the courts, and the Constitution. By alternately focusing its gaze on the local conflict and related events in Washington, DC, this book weaves a captivating narrative. Historians, political scientists, and constitutional lawyers will find, in Rubin's study, a challenging new perspective on the history of the Christian Right in the United States.
Author | : Ian Millhiser |
Publisher | : |
Total Pages | : |
Release | : 2021-03-30 |
Genre | : Law |
ISBN | : 9781734420760 |
From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States. Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right--its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws.
Author | : Jack M. Balkin |
Publisher | : Oxford University Press, USA |
Total Pages | : 257 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0197530990 |
"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--