The American Supreme Court Sixth Edition

Author: Robert G. McCloskey
Publisher: University of Chicago Press
ISBN: 022629692X
Format: PDF, ePub
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For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.

The American Supreme Court

Author: Robert G. McCloskey
Publisher: University of Chicago Press
ISBN: 0226556832
Format: PDF, ePub, Docs
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Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.

A History of the Supreme Court

Author: Bernard Schwartz
Publisher: Oxford University Press
ISBN: 9780195093872
Format: PDF, ePub
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A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.

The Genius of American Politics

Author: Daniel J. Boorstin
Publisher: University of Chicago Press
ISBN: 9780226064918
Format: PDF, Docs
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How much of our political tradition can be absorbed and used by other peoples? Daniel Boorstin's answer to this question has been chosen by the Carnegie Corporation of New York for representation in American Panorama as one of the 350 books, old and new, most descriptive of life in the United States. He describes the uniqueness of American thought and explains, after a close look at the American past, why we have not produced and are not likely to produce grand political theories or successful propaganda. He also suggests what our attitudes must be toward ourselves and other countries if we are to preserve our institutions and help others to improve theirs. ". . . a fresh and, on the whole, valid interpretation of American political life."—Reinhold Niebuhr, New Leader

The Age of Deference

Author: David Rudenstine
Publisher: Oxford University Press
ISBN: 0199381488
Format: PDF, Kindle
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In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.

The Dynamics Of American Politics

Author: Lawrence C Dodd
Publisher: Routledge
ISBN: 0429976305
Format: PDF
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This book offers a comprehensive assessment of the major theoretical approaches to the study of American politics. Written by leading scholars in the field, the book's essays focus particularly on the contributions that competing macro- and microanalytic approaches make to our understanding of political change in America.The essays include systematic overviews of the patterns of constancy and change that characterize American political history as well as comparative discussions of theoretical traditions in the study of American political change. The volume concludes with four provocative essays proposing new and integrated interpretations of American politics.This is a path-breaking book that all scholars concerned with American politics will want to read and that all serious students of American politics will need to study. The Dynamics of American Politics is appropriate for graduate core seminars on American politics, undergraduate capstone courses on American politics, courses on political theory and approaches to political analysis, and rigorous lower-division courses on American politics.

The Choices Justices Make

Author: Lee Epstein
Publisher: SAGE
ISBN: 148330485X
Format: PDF, ePub, Mobi
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The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court's public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices' papers animate the work.

The Supreme Court and the Attitudinal Model

Author: Jeffrey Allan Segal
Publisher:
ISBN: 9780521422932
Format: PDF, Docs
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The behaviour and decision-making processes of the US Supreme Court have often been examined using the legal model, which holds that Supreme Court decisions are based on the 'plain meaning' of the Constitution, the intent of the framers and precedent. This book investigates the decisions and the decision-making processes of the Supreme Court using an alternative framework: the attitudinal model, which holds that Supreme Court decisions are based on the attitudes and values of justices. Using the highly reliable US Supreme Court Judicial Data Base, compiled by Professor Spaeth, the authors examine all stages of the Court's decision-making processes, from staffing and access, to case selection, votes on the merits, opinion assignments and opinion coalitions, and judicial restraint and activism, and manage to explain and predict behaviour with a greater degree of accuracy. They also include a framework for understanding the impact of judicial decisions and the place of the Court in the American political system.