Building the Judiciary

Author: Justin Crowe
Publisher: Princeton University Press
ISBN: 1400842573
Format: PDF, Docs
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How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.

Political Foundations of Judicial Supremacy

Author: Keith E. Whittington
Publisher: Princeton University Press
ISBN: 9780691096407
Format: PDF, Mobi
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In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution.

When Movements Anchor Parties

Author: Daniel Schlozman
Publisher: Princeton University Press
ISBN: 1400873835
Format: PDF
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Throughout American history, some social movements, such as organized labor and the Christian Right, have forged influential alliances with political parties, while others, such as the antiwar movement, have not. When Movements Anchor Parties provides a bold new interpretation of American electoral history by examining five prominent movements and their relationships with political parties. Taking readers from the Civil War to today, Daniel Schlozman shows how two powerful alliances—those of organized labor and Democrats in the New Deal, and the Christian Right and Republicans since the 1970s—have defined the basic priorities of parties and shaped the available alternatives in national politics. He traces how they diverged sharply from three other major social movements that failed to establish a place inside political parties—the abolitionists following the Civil War, the Populists in the 1890s, and the antiwar movement in the 1960s and 1970s. Moving beyond a view of political parties simply as collections of groups vying for preeminence, Schlozman explores how would-be influencers gain influence—or do not. He reveals how movements join with parties only when the alliance is beneficial to parties, and how alliance exacts a high price from movements. Their sweeping visions give way to compromise and partial victories. Yet as Schlozman demonstrates, it is well worth paying the price as movements reorient parties' priorities. Timely and compelling, When Movements Anchor Parties demonstrates how alliances have transformed American political parties.

Electing the Senate

Author: Wendy J. Schiller
Publisher: Princeton University Press
ISBN: 1400852684
Format: PDF, ePub
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From 1789 to 1913, U.S. senators were not directly elected by the people—instead the Constitution mandated that they be chosen by state legislators. This radically changed in 1913, when the Seventeenth Amendment to the Constitution was ratified, giving the public a direct vote. Electing the Senate investigates the electoral connections among constituents, state legislators, political parties, and U.S. senators during the age of indirect elections. Wendy Schiller and Charles Stewart find that even though parties controlled the partisan affiliation of the winning candidate for Senate, they had much less control over the universe of candidates who competed for votes in Senate elections and the parties did not always succeed in resolving internal conflict among their rank and file. Party politics, money, and personal ambition dominated the election process, in a system originally designed to insulate the Senate from public pressure. Electing the Senate uses an original data set of all the roll call votes cast by state legislators for U.S. senators from 1871 to 1913 and all state legislators who served during this time. Newspaper and biographical accounts uncover vivid stories of the political maneuvering, corruption, and partisanship—played out by elite political actors, from elected officials, to party machine bosses, to wealthy business owners—that dominated the indirect Senate elections process. Electing the Senate raises important questions about the effectiveness of Constitutional reforms, such as the Seventeenth Amendment, that promised to produce a more responsive and accountable government.

Looking for Rights in All the Wrong Places

Author: Emily Zackin
Publisher: Princeton University Press
ISBN: 1400846277
Format: PDF, ePub, Docs
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Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.

The Rise of the Conservative Legal Movement The Battle for Control of the Law

Author: Steven M. Teles
Publisher: Princeton University Press
ISBN: 9780691146256
Format: PDF, Mobi
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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.

Black and Blue

Author: Paul Frymer
Publisher: Princeton University Press
ISBN: 9781400837267
Format: PDF, Docs
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In the 1930s, fewer than one in one hundred U.S. labor union members were African American. By 1980, the figure was more than one in five. Black and Blue explores the politics and history that led to this dramatic integration of organized labor. In the process, the book tells a broader story about how the Democratic Party unintentionally sowed the seeds of labor's decline. The labor and civil rights movements are the cornerstones of the Democratic Party, but for much of the twentieth century these movements worked independently of one another. Paul Frymer argues that as Democrats passed separate legislation to promote labor rights and racial equality they split the issues of class and race into two sets of institutions, neither of which had enough authority to integrate the labor movement. From this division, the courts became the leading enforcers of workplace civil rights, threatening unions with bankruptcy if they resisted integration. The courts' previously unappreciated power, however, was also a problem: in diversifying unions, judges and lawyers enfeebled them financially, thus democratizing through destruction. Sharply delineating the double-edged sword of state and legal power, Black and Blue chronicles an achievement that was as problematic as it was remarkable, and that demonstrates the deficiencies of race- and class-based understandings of labor, equality, and power in America.

Supreme Court Decision Making

Author: Cornell W. Clayton
Publisher: University of Chicago Press
ISBN: 9780226109558
Format: PDF
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What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.

Reputation and Power

Author: Daniel P. Carpenter
Publisher:
ISBN: 9780691141794
Format: PDF
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"In this truly splendid, magisterial study, Carpenter thoroughly documents and narrates the FDA's struggle with the certainties of science, the uncertainties of politics, and the requirements of reputation, an asset that simultaneously granted the agency autonomy and then took it away through ever-increasing expectations of performance."--Richard Bensel, Cornell University "Deeply researched and subtly conceived, "Reputation and Power" demonstrates how much our modern system of drug regulation and clinical research owes to the scientific creativity and political skills of federal drug regulators over the past sixty years. It will be the standard work on the FDA for decades to come, while providing instructive lessons for how one can think critically about government regulation without recourse to the ideological lenses of the Left or the Right."--Harry M. Marks, history of medicine, Johns Hopkins University ""Reputation and Power" is by far the most thorough and penetrating study of the most powerful and important regulatory agency in the world--the U.S. Food and Drug Administration--and one of the best studies of any American regulatory agency. The book is essential reading for anyone seriously interested in American politics, public policy, administrative institutions, or health and medicine. This is an extraordinary work."--Paul Quirk, University of British Columbia "Carpenter has integrated an understanding of the FDA's legal history and programmatic responsibilities with a perceptive grasp of the personalities who shaped that history. His work surpasses in depth and scope all other accounts of the FDA with which I am familiar. No one in the future will be able to write seriously about the FDA's drug approval system without taking account of Carpenter's work. His curiosity knows no limits."--Richard A. Merrill, professor emeritus, University of Virginia, former FDA general counsel, and coauthor of "Food and Drug Law: Cases and Materials"

The Constrained Court

Author: Michael A. Bailey
Publisher: Princeton University Press
ISBN: 1400840260
Format: PDF, Docs
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How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.