The Court Vs. Congress

The Court Vs. Congress
Author: Edward Keynes
Publisher:
Total Pages: 432
Release: 1989
Genre: Law
ISBN:

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.

Congress V. the Supreme Court

Congress V. the Supreme Court
Author: Raoul Berger
Publisher: Cambridge, Mass : Harvard University Press
Total Pages: 456
Release: 1969
Genre: Law
ISBN:

Annotated text examines the legitimacy of judicial review.

The Supreme Court versus Congress

The Supreme Court versus Congress
Author: William B. Glidden
Publisher: Bloomsbury Publishing USA
Total Pages: 314
Release: 2015-03-17
Genre: Political Science
ISBN:

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.

Congress Versus the Supreme Court, 1957-1960

Congress Versus the Supreme Court, 1957-1960
Author: C. Herman Pritchett
Publisher:
Total Pages: 0
Release: 1961
Genre: Political Science
ISBN: 9780816660414

Congress Versus the Supreme Court, 1957-1960 was first published in 1961. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. This is an account of the effort made in the last two sessions of Congress to curb the Supreme Court because of certain liberal decisions of the Court, and an analysis of the reasons for the congressional failure. Many times in history Congress has objected to Court decisions and has tried to retaliate against the Court. The most recent period of difficulty traces back to the Court's school segregation decisions in 1954, but not until the Court took a liberal line in certain national security cases in 1956 and 1957 was an organized effort made in Congress to attack it. Professor Pritchett analyzes the specific decisions which aroused congressional concern and reviews the methods by which their reversal was sought. The failure of this effort to curb the Court is important to an understanding of the role of the Supreme Court in the American governmental system. This book is an expansion of the Guy Stanton Ford lectures given by Mr. Pritchett at the University of Minnesota.

Congress Versus the Supreme Court, 1957-1960

Congress Versus the Supreme Court, 1957-1960
Author: Charles Herman Pritchett
Publisher:
Total Pages: 168
Release: 1961
Genre: Judicial power
ISBN: 9781452937106

Congress Versus the Supreme Court, 19571960 was first published in 1961. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. This is an account of the effort made in the last two sessions of Congress to curb the Supreme Court because of certain liberal decisions of the Court, and an analysis of the reasons for the congressional failure. Many times in history Congress has objected to Court decisions and has tried to retaliate against the Court. The most recent period of difficulty traces back to the Court's school segregation decisions in 1954, but not until the Court took a liberal line in certain national security cases in 1956 and 1957 was an organized effort made in Congress to attack it. Professor Pritchett analyzes the specific decisions which aroused congressional concern and reviews the methods by which their reversal was sought. The failure of this effort to curb the Court is important to an understanding of the role of the Supreme Court in the American governmental system. This book is an expansion of the Guy Stanton Ford lectures given by Mr. Pritchett at the University of Minnesota.

The Federalist Papers

The Federalist Papers
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.