The Rights Revolution

The Rights Revolution
Author: Charles R. Epp
Publisher: University of Chicago Press
Total Pages: 348
Release: 1998-10-15
Genre: Law
ISBN: 9780226211626

List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.

Elbridge Gerry's Salamander

Elbridge Gerry's Salamander
Author: Gary W. Cox
Publisher: Cambridge University Press
Total Pages: 262
Release: 2002-03-04
Genre: History
ISBN: 9780521001540

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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.

Government by Judiciary

Government by Judiciary
Author: Raoul Berger
Publisher: Studies in Jurisprudence and L
Total Pages: 0
Release: 1997
Genre: Law
ISBN: 9780865971448

It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Partisan Supremacy

Partisan Supremacy
Author: Terri Jennings Peretti
Publisher: University Press of Kansas
Total Pages: 376
Release: 2020-11-20
Genre: Political Science
ISBN: 0700630198

“I have no agenda,” US Supreme Court Chief Justice John Roberts proclaimed at his Senate confirmation hearing: “My job is to call balls and strikes and not to pitch or bat.” This declaration was in keeping with the avowed independence of the judiciary. It also, when viewed through the lens of Roberts’s election law decisions, appears to be false. With a scrupulous reading of judicial decisions and a careful assessment of partisan causes and consequences, Terri Jennings Peretti tells the story of the GOP’s largely successful campaign to enlist judicial aid for its self-interested election reform agenda. Partisan Supremacy explores four contemporary election law issues—voter identification, gerrymandering, campaign finance, and the preclearance regime of the Voting Rights Act—to uncover whether Republican politicians and Republican judges have collaborated to tilt America’s election rules in the GOP’s favor. Considering cases from Shelby County v. Holder, which enfeebled the Voting Rights Act, to Crawford v. Marion County Election Board, which upheld restrictive voter identification laws, to Citizens United and McCutcheon, which loosened campaign finance restrictions, Peretti lays bare the reality of “friendly” judicial review and partisan supremacy when it comes to election law. She nonetheless finds a mixed verdict in the redistricting area that reveals the limits of partisan control over judicial decisions. Peretti’s book helpfully places the current GOP’s voter suppression campaign in historical context by acknowledging similar efforts by the postCivil War Democratic Party. While the modern Democratic Party seeks electoral advantage by expanding voting by America’s minorities and youth, arguably hewing closer to democratic principles, neither party is immune to the powerful incentive to bend election rules in its favor. In view of the evidence that Partisan Supremacy brings to light, we are left with a critical and pressing question: Can democracy survive in the face of partisan collaboration across the branches of government on critical election issues?

On Democracy's Doorstep

On Democracy's Doorstep
Author: J. Douglas Smith
Publisher: Macmillan
Total Pages: 385
Release: 2014
Genre: Political Science
ISBN: 0809074230

"The inside story of the Supreme Court decisions that brought true democracy to the United States Today, Earl Warren is recalled as the chief justice of a Supreme Court that introduced school desegregation and other dramatic changes to American society. In retirement, however, Warren argued that his court's greatest accomplishment was establishing the principle of "one person, one vote" in state legislative and congressional redistricting. Malapportionment, Warren recognized, subverted the will of the majority, privileging rural voters, and often business interests and whites, over others. In declaring nearly all state legislatures unconstitutional, the court oversaw a revolution that transformed the exercise of political power in the United States. On Democracy's Doorstep tells the story of this crucial--and neglected--episode. J. Douglas Smith follows lawyers, activists, and Justice Department officials as they approach the court. We see Attorney General Robert F. Kennedy pushing for radical change and idealistic lawyers in Alabama bravely defying their peers. We then watch as the justices edge toward their momentous decision. The Washington Post called the result a step "toward establishing democracy in the United States." But not everyone agreed; Smith shows that business lobbies and their political allies attempted to overturn the court by calling the first Constitutional Convention since the 1780s. Thirty-three states ratified their petition--just one short of the two-thirds required"--

The Oxford Handbook of U.S. Judicial Behavior

The Oxford Handbook of U.S. Judicial Behavior
Author: Lee Epstein
Publisher: Oxford University Press
Total Pages: 625
Release: 2017
Genre: Law
ISBN: 019957989X

The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics George C. Edwards III.

Keeping Faith with the Constitution

Keeping Faith with the Constitution
Author: Goodwin Liu
Publisher: Oxford University Press
Total Pages: 274
Release: 2010-08-05
Genre: Law
ISBN: 0199752834

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

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.