Packing the Court

Author: James Macgregor Burns
Publisher: Penguin
ISBN: 1101081902
Format: PDF, Mobi
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From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

Franklin Roosevelt and the Great Constitutional War

Author: Marian Cecilia McKenna
Publisher: Fordham Univ Press
ISBN: 9780823221547
Format: PDF, Mobi
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This new history of Franklin D. Roosevelt and the "Great Constitutional War" is a critical, revisionist portrayal of FDR's personal role in initiating, with the advice of his attorney general, Homer S. Cummings, a "reorganization of the federal judiciary," or what in fact constituted a bald-faced attempt to "pack" the Supreme Court in 1937. No issue in domestic politics ever aroused the country>'s anger as did the presidential proposal to increase the size of the Supreme Court to fifteen by giving the president power to appoint a new judge for every justice over the age of 70 who refused to resign or retire. For background, the case histories which led up to this bold stroke are, for the first time, chronicled and analyzed in a setting that places the stirring events which ensued in their proper perspective. The importance of the book's subject, the thorough documentation, its reasoned and reasonable criticism, all set forth in a lively, but lucid writing style should give this book a popular readership that reaches well beyond academia.

The Development of the American Presidency

Author: Richard J. Ellis
Publisher: Routledge
ISBN: 1136980598
Format: PDF, ePub
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Our understanding of the politics of the presidency is greatly enhanced by viewing it through a developmental lens, analyzing how historical turns have shaped the modern institution. The Development of the American Presidency pays great attention to that historical weight but is organized topically and conceptually with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, this text looks at how the presidency has evolved in relation to the public, to Congress, to the Executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. All the while, Ellis illustrates the institutional relationships and tensions through stories about particular individuals and specific political conflicts. Ellis's own classroom pedagogy of promoting active learning and critical thinking is well reflected in these pages. Each chapter begins with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. A companion website not only acts as a further resources base—directing students to primary documents, newspapers, and data sources—but also presents interactive timelines, practice quizzes, and key terms to help students master the book's lessons.

Terror Detentions and the Rule of Law

Author: Dr. Robert H. Wagstaff
Publisher: Oxford University Press
ISBN: 0199347204
Format: PDF, ePub, Docs
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After the 9/11 terrorist attacks, the United States and the United Kingdom detained suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highest courts in the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined them within a human rights criminal law context. In Terror Detentions and the Rule of Law: US and UK Perspectives, Dr. Robert H. Wagstaff documents President George W. Bush's and Prime Minister Tony Blair's responses to 9/11, alleging that they failed to protect the human rights of individuals suspected of terrorist activity. The analytical focus is on the four US Supreme Court decisions involving detentions in Guantanamo Bay and four House of Lords decisions involving detentions that began in the Belmarsh Prison. These decisions are analyzed within the contexts of history, criminal law, constitutional law, human rights and international law, and various jurisprudential perspectives. In this book Dr. Wagstaff argues that time-tested criminal law is the normatively correct and most effective means for dealing with suspected terrorists. He also suggests that preventive, indefinite detention of terrorist suspects upon suspicion of wrongdoing contravenes the domestic and international Rule of Law, treaties and customary international law. As such, new legal paradigms for addressing terrorism are shown to be normatively invalid, illegal, unconstitutional, counter-productive, and in conflict with the Rule of Law.

The Presidents and the Supreme Court

Author: James F. Simon
Publisher: Simon and Schuster
ISBN: 1451671636
Format: PDF, Mobi
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Collected together, James F. Simon’s books share the bitter struggles and compromises that have characterized the relationship between the presidents and the Supreme Court Chief Justices across US history. The bitter and protracted struggle between President Thomas Jefferson and Supreme Court Chief Justice John Marshall; the frustration and grudging admiration between FDR and Chief Justice Hughes; the clashes between President Abraham Lincoln and Chief Justice Roger B. Taney. These were the conflicts that ended slavery, that rescued us from the Great Depression, and that defined a nation—for better and for worse. And, Simon brings them to brilliant and compelling life.

FDR v The Constitution

Author: Burt Solomon
Publisher: Bloomsbury Publishing USA
ISBN: 9780802719577
Format: PDF, Mobi
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In the wake of Franklin Delano Roosevelt's landslide re-election of 1936, the popular president-never anything but self-confident-unaccountably overreached. Deeply frustrated by a Supreme Court that had blocked many of his New Deal initiatives, FDR proposed to enlarge it from 9 justices to 15. The now-famous "court packing scheme" divided Roosevelt's own party and inflamed the country at large, and it failed-humiliatingly for FDR-because the president could persuade neither the public nor the Senate of its virtues. And yet, ironically, he could claim ultimate victory, for the Court that emerged from the revolution of 1937-its majority shifted from conservative to liberal-lasted for the next 68 years, until the recent Bush appointments have tilted it back. Historian Burt Solomon, deeply steeped in Washington's lore, skillfully chronicles one of the great set pieces in American history, illuminating the inner workings of the nation's capital as the three branches of our government squared off. The Supreme Court has generated many fascinating and dramatic stories, but none more so than that of the 168 days during which one of our greatest presidents attempted to outmaneuver the Constitution-an action that inevitably calls forth parallels with the present.

FDR and Chief Justice Hughes

Author: James F. Simon
Publisher: Simon and Schuster
ISBN: 1416578897
Format: PDF
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By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nation’s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century. The confrontation threatened the New Deal in the middle of the nation’s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, imposed industrial codes, rationed agricultural production, and employed a quarter million young men in the Civilian Conservation Corps. But the legislation faced constitutional challenges by a conservative bloc on the Court determined to undercut the president. Chief Justice Hughes often joined the Court’s conservatives to strike down major New Deal legislation. Frustrated, FDR proposed a Court-packing plan. His true purpose was to undermine the ability of the life-tenured Justices to thwart his popular mandate. Hughes proved more than a match for Roosevelt in the ensuing battle. In grudging admiration for Hughes, FDR said that the Chief Justice was the best politician in the country. Despite the defeat of his plan, Roosevelt never lost his confidence and, like Hughes, never ceded leadership. He outmaneuvered isolationist senators, many of whom had opposed his Court-packing plan, to expedite aid to Great Britain as the Allies hovered on the brink of defeat. He then led his country through World War II.

It s Time to Fight Dirty

Author: David Faris
Publisher: Melville House
ISBN: 1612196950
Format: PDF, Kindle
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The American electoral system is clearly failing more horrifically in the 2016 presidential election than ever before. In It's Time to Fight Dirty, David Faris expands on his popular series for 'The Week' to offer party leaders and supporters concrete strategies for lasting political reform - and in doing so lays the groundwork for a more progressive future. With equal parts playful irreverence and persuasive reasoning, It's Time to Fight Dirty is essential reading as we head toward the 2018 midterms... and beyond.

Confirmation Wars

Author: Benjamin Wittes
Publisher: Rowman & Littlefield Publishers
ISBN: 144220155X
Format: PDF, Mobi
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In Confirmation Wars, Benjamin Wittes examines the degradation of the judicial nominations process over the past fifty years. Drawing on years of reporting on judicial nominations, including numerous interviews with nominees and sitting judges, he explains how the process has changed and how these changes threaten the independence of the courts. Getting beyond the partisan blame game that dominates most discussion of nominations, he argues that the process has changed as an institutional response by Congress to modern judicial power and urges basic reforms to better insulate the judiciary from the nastiness of contemporary politics.