Reconsidering Judicial Finality

Reconsidering Judicial Finality
Author: Louis Fisher
Publisher: University Press of Kansas
Total Pages: 282
Release: 2023-07-21
Genre: Political Science
ISBN: 0700636072

Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the “unalterable fact,” as Chief Justice Rehnquist once remarked, “that our judicial system, like the human beings who administer it, is fallible.” And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions. In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court’s decisions have, of course, been challenged and reversed in numerous cases—involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings—and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court’s decision in Citizens United, Fisher’s work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history. The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court’s nine justices as democracy’s last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government—and, finally, to the American people.

Civil Appeals

Civil Appeals
Author: Michael Burton
Publisher: Xpl Pub
Total Pages: 600
Release: 2011-12-01
Genre: Law
ISBN: 9781858113791

Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections

Overview of the Privacy Act of 1974

Overview of the Privacy Act of 1974
Author: United States. Department of Justice. Privacy and Civil Liberties Office
Publisher:
Total Pages: 276
Release: 2010
Genre: Government publications
ISBN:

The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.

Pre-Incident Indicators of Terrorist Incidents

Pre-Incident Indicators of Terrorist Incidents
Author: Brent L. Smith
Publisher: DIANE Publishing
Total Pages: 540
Release: 2011
Genre: Political Science
ISBN: 1437930611

This is a print on demand edition of a hard to find publication. Explores whether sufficient data exists to examine the temporal and spatial relationships that existed in terrorist group planning, and if so, could patterns of preparatory conduct be identified? About one-half of the terrorists resided, planned, and prepared for terrorism relatively close to their eventual target. The terrorist groups existed for 1,205 days from the first planning meeting to the date of the actual/planned terrorist incident. The planning process for specific acts began 2-3 months prior to the terrorist incident. This study examined selected terrorist groups/incidents in the U.S. from 1980-2002. It provides for the potential to identify patterns of conduct that might lead to intervention prior to the commission of the actual terrorist incidents. Illustrations.

Guide to the U.S. Supreme Court

Guide to the U.S. Supreme Court
Author: David G. Savage
Publisher:
Total Pages: 0
Release: 2004
Genre: Law
ISBN: 9781568027449

Appendixes provide additional information on the Court such as the Judiciary Acts of 1789 and 1925 and a list of Acts of Congress found by the Court to be unconstitutional. New cases include: McConnell v. Federal Election Commission (2003), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), United States v. American Library Association Inc. (2003), Bush v. Gore (2000), Boy Scouts of America v. Dale (2000), Clinton v. City of New York (1998), Clinton v. Jones (1997), City of Boerne V. Flores (1997). The Guide also covers changes in Supreme Court's approach to religious freedom, the Rehnquist Court's legacy and the rejuvenation of federalism and state sovereignty. The power to investigate -- The power over internal affairs -- 5. The Court and the powers of the president : Article II -- The Commander in Chief -- The architect of foreign policy -- The president as executive -- The power to veto and to pardon -- Privilege and immunity -- The president versus the Court --