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Public Opinion and the Rehnquist Court

2009-01-01 Political Science
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Release : 2009-01-01
Genre : Political Science
Kind : eBook
Book Rating : 815/5 ( reviews)

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Book Synopsis Public Opinion and the Rehnquist Court by : Thomas R. Marshall

Download or read book Public Opinion and the Rehnquist Court written by Thomas R. Marshall. This book was released on 2009-01-01. Available in PDF, EPUB and Kindle. Book excerpt: Public Opinion and the Rehnquist Court offers the most thorough evidence yet in favor of the U.S. Supreme Court representing public opinion. Thomas R. Marshall analyzes more than two thousand nationwide public opinion polls during the Rehnquist Court era and argues that a clear majority of Supreme Court decisions agree with public opinion. He explains that the Court represents American attitudes when public opinion is well informed on a dispute and when the U.S. Solicitor General takes a position agreeing with poll majorities. He also finds that certain justices best represent public opinion and that the Court uses its review powers over the state and federal courts to bring judicial decision making back in line with public opinion. Finally, Marshall observes that unpopular Supreme Court decisions simply do not endure as long as do popular decisions.

American Public Opinion and the Modern Supreme Court, 1930-2020

2022-04-29 Law
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Release : 2022-04-29
Genre : Law
Kind : eBook
Book Rating : 317/5 ( reviews)

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Book Synopsis American Public Opinion and the Modern Supreme Court, 1930-2020 by : Thomas R. Marshall

Download or read book American Public Opinion and the Modern Supreme Court, 1930-2020 written by Thomas R. Marshall. This book was released on 2022-04-29. Available in PDF, EPUB and Kindle. Book excerpt: The United States Supreme Court is commonly thought to be an institution far removed from American public opinion. Yet nearly two-thirds of modern Supreme Court decisions reflect popular attitudes. Comparing over 500 Supreme Court decisions with timely nationwide poll questions since the mid-1930s, Thomas R. Marshall shows that most Supreme Court decisions agree with poll majorities or pluralities across time and across issues and often represent Americans’ views to the same degree as federal policymakers. This book looks beyond the litigants, economic interests, social movements, organized interest groups, or units of governments typically involved and instead examines how well the Court or the justices represent Americans’ views. Using nationwide public opinion, broken down by key subgroups, race, gender, education, and party affiliation, better describes exactly whom Supreme Court decisions and the justices’ individual votes best represent. His book will be of interest to scholars in political science, legal studies, history, and sociology.

The Will of the People

2009-09-29 Law
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Release : 2009-09-29
Genre : Law
Kind : eBook
Book Rating : 955/5 ( reviews)

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Book Synopsis The Will of the People by : Barry Friedman

Download or read book The Will of the People written by Barry Friedman. This book was released on 2009-09-29. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.

The Unpublished Opinions of the Rehnquist Court

1996-01-04 Law
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Release : 1996-01-04
Genre : Law
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Book Rating : 620/5 ( reviews)

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Book Synopsis The Unpublished Opinions of the Rehnquist Court by : the late Bernard Schwartz

Download or read book The Unpublished Opinions of the Rehnquist Court written by the late Bernard Schwartz. This book was released on 1996-01-04. Available in PDF, EPUB and Kindle. Book excerpt: In the last twenty years, the veil of secrecy surrounding the workings of the United States Supreme Court has been lifted. Justice Thurgood Marshall's controversial decision to make his papers available to the public ushered in a new era of openness about the operation of the Court--but not without criticism from Chief Justice William H. Rehnquist. The Unpublished Opinions of the Rehnquist Court provides a behind-the- scenes look at the Supreme Court, showing how changes between the drafts and the Justices' final opinions have created substantial differences in the outcome of the Court's decisions. As with his two previous works The Unpublished Opinions of the Warren Court and the Unpublished Opinions of the Burger Court, author Bernard Schwartz uses private court papers to follow these decisions and explore the key role and responsibility of the Chief Justice. Among the ten cases examined by Schwartz are key abortion cases Hodgson v. Minnesota and Webster v. Reproductive Health Services-- the original draft of which would have virtually overruled Roe v. Wade--as well as a civil rights case, Patterson v. McLean Credit Union. Schwartz considers the draft opinions and explains why the drafts were not issued as the final opinions and dissents in these cases. In particular, he shows what would have happened if the draft opinions had come down as the final opinions. The Unpublished Opinions of the Rehnquist Court serves to clarify and explore the actual operation of the judicial decision-making process. It will be fascinating and informative reading for attorneys, judges, law students, politicians and anyone interested in the mechanics of the nation's highest Court.

A Court Divided

2005 Constitutional law
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Release : 2005
Genre : Constitutional law
Kind : eBook
Book Rating : 680/5 ( reviews)

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Book Synopsis A Court Divided by : Mark V. Tushnet

Download or read book A Court Divided written by Mark V. Tushnet. This book was released on 2005. Available in PDF, EPUB and Kindle. Book excerpt: In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

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