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Political Pressure on the Supreme Court

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Release : 1937
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Book Synopsis Political Pressure on the Supreme Court by : Tully Nettleton

Download or read book Political Pressure on the Supreme Court written by Tully Nettleton. This book was released on 1937. Available in PDF, EPUB and Kindle. Book excerpt:

The Company They Keep

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Release : 2019-01-07
Genre : Political Science
Kind : eBook
Book Rating : 064/5 ( reviews)

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Book Synopsis The Company They Keep by : Neal Devins

Download or read book The Company They Keep written by Neal Devins. This book was released on 2019-01-07. Available in PDF, EPUB and Kindle. Book excerpt: Are Supreme Court justices swayed by the political environment that surrounds them? Most people think "yes," and they point to the influence of the general public and the other branches of government on the Court. It is not that simple, however. As the eminent law and politics scholars Neal Devins and Lawrence Baum show in The Company They Keep, justices today are reacting far more to subtle social forces in their own elite legal world than to pressure from the other branches of government or mass public opinion. In particular, the authors draw from social psychology research to show why Justices are apt to follow the lead of the elite social networks that they are a part of. The evidence is strong: Justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and professional elites. In an era of strong partisan polarization, elite social networks are largely bifurcated by partisan and ideological loyalties, and the Justices reflect that division. The result is a Court in which the Justices' ideological stances reflect the dominant views in the appointing president's party. Justices such as Clarence Thomas and Ruth Bader Ginsburg live largely in a milieu populated by like-minded elites. Today's partisanship on the Court also stems from the emergence of conservative legal networks such as the Federalist Society, that reinforce the conservative leanings of Republican appointees. For the Warren and Burger Courts, elite social networks were dominated by liberal elites and not divided by political party or ideology. A fascinating examination of the factors that shape decision-making, The Company They Keep will reshape our understanding of how political polarization occurs on the contemporary Supreme Court.

Rethinking the New Deal Court

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Release : 1998-02-26
Genre : Law
Kind : eBook
Book Rating : 36X/5 ( reviews)

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Book Synopsis Rethinking the New Deal Court by : Barry Cushman

Download or read book Rethinking the New Deal Court written by Barry Cushman. This book was released on 1998-02-26. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.

The Role Of The Supreme Court In American Politics

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Release : 2018-03-05
Genre : Political Science
Kind : eBook
Book Rating : 511/5 ( reviews)

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Book Synopsis The Role Of The Supreme Court In American Politics by : Richard Pacelle

Download or read book The Role Of The Supreme Court In American Politics written by Richard Pacelle. This book was released on 2018-03-05. Available in PDF, EPUB and Kindle. Book excerpt: When the Supreme Court's effectively decided the presidential election of 2000, it decision illustrated a classic question in American politics: what is the appropriate role for the Supreme Court? The dilemma is between judicial activism, the Court's willingness to make significant changes in public policy, and judicial restraint, the Court's willingness to confine the use and extent of its power. While the Framers of the Constitution felt that the judiciary would be the "least dangerous branch" of government, many have come to the conclusion that courts govern America, a notion at odds with democratic government.Richard Pacelle traces the historical ebb and flow of the Court's role in the critical issues of American politics: slavery, free speech, religion, abortion, and affirmative action. Pacelle examines the arguments for judicial restraint, including that unelected judges making policy runs against democratic principles, and the arguments for judicial activism, including the important role the court has played as a protector of minority rights. Pacelle suggests that there needs to be a balance between judicial activism and restraint in light of the constraints on the institution and its power. Stimulating and sure to generate discussion, The Supreme Court in American Politics is a concise supplemental text for American Government and Judicial Politics course.

The Supreme Court in American Politics

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Release : 1980
Genre : Political Science
Kind : eBook
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Book Synopsis The Supreme Court in American Politics by : John Paul Ryan

Download or read book The Supreme Court in American Politics written by John Paul Ryan. This book was released on 1980. Available in PDF, EPUB and Kindle. Book excerpt:

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