Power Of Congress To Nullify Supreme Court Decisions
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Author | : Alexander Hamilton |
Publisher | : Read Books Ltd |
Total Pages | : 420 |
Release | : 2018-08-20 |
Genre | : History |
ISBN | : 1528785878 |
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author | : Charles Warren |
Publisher | : |
Total Pages | : 328 |
Release | : 1925 |
Genre | : Constitutional history |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 248 |
Release | : 1961 |
Genre | : |
ISBN | : |
Author | : Dormin J. Ettrude |
Publisher | : |
Total Pages | : 118 |
Release | : 1924 |
Genre | : |
ISBN | : |
Author | : Jeffrey Rosen |
Publisher | : Macmillan |
Total Pages | : 294 |
Release | : 2007-01-09 |
Genre | : History |
ISBN | : 1429904615 |
A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation's highest court and continue to shape our daily lives The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal. In this compelling work of character-driven history, Jeffrey Rosen recounts the history of the Court through the personal and philosophical rivalries on the bench that transformed the law—and by extension, our lives. The story begins with the great Chief Justice John Marshall and President Thomas Jefferson, cousins from the Virginia elite whose differing visions of America set the tone for the Court's first hundred years. The tale continues after the Civil War with Justices John Marshall Harlan and Oliver Wendell Holmes, who clashed over the limits of majority rule. Rosen then examines the Warren Court era through the lens of the liberal icons Hugo Black and William O. Douglas, for whom personality loomed larger than ideology. He concludes with a pairing from our own era, the conservatives William H. Rehnquist and Antonin Scalia, only one of whom was able to build majorities in support of his views. Through these four rivalries, Rosen brings to life the perennial conflict that has animated the Court—between those justices guided by strong ideology and those who forge coalitions and adjust to new realities. He illuminates the relationship between judicial temperament and judicial success or failure. The stakes are nothing less than the future of American jurisprudence.
Author | : David M. Driesen |
Publisher | : Stanford University Press |
Total Pages | : 323 |
Release | : 2021-07-20 |
Genre | : Law |
ISBN | : 1503628620 |
Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.
Author | : United States. Congress |
Publisher | : |
Total Pages | : 1324 |
Release | : 1968 |
Genre | : Law |
ISBN | : |
Author | : James T. O'Reilly |
Publisher | : American Bar Association |
Total Pages | : 252 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9781590317440 |
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author | : Christine Landfried |
Publisher | : Cambridge University Press |
Total Pages | : 411 |
Release | : 2019-02-07 |
Genre | : Law |
ISBN | : 1316999084 |
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author | : Bradley C. Canon |
Publisher | : CQ Press |
Total Pages | : 284 |
Release | : 1999 |
Genre | : Education |
ISBN | : |
Widely praised in its first edition fourteen years ago and now thoroughly updated in a new edition, Judicial Policies assesses the implementation, impact, and consequences of judicial rulings. It systematically explores the effects of judicial decisions on the people who carry them out, and the individuals and organizations who feel their impact. This second edition discusses and responds to the significant research that has been published since the first edition appeared. Arguing that judicial policies in the United States are substantially influenced by how the courts and other political actors respond, authors Canon and Johnson employ a heuristic model of different populations and their responses to judicial decisions as a means of: explaining the implementation of judicial policies as a political process, examining the events that usually follow judicial decisions, and organizing the literature in the field. The concluding chapter addresses the important question of whether the judiciary actually makes a difference in the American political system. Canon and Johnson delineate examples where the courts have clearly had an impact and those where they have had little influence.