American Judicial Power
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Author | : William Lasser |
Publisher | : UNC Press Books |
Total Pages | : 467 |
Release | : 2017-10-01 |
Genre | : Political Science |
ISBN | : 1469632462 |
Download The Limits of Judicial Power Book in PDF, Epub and Kindle
Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author | : Michael Buenger |
Publisher | : Edward Elgar Publishing |
Total Pages | : 331 |
Release | : 2015-11-27 |
Genre | : Law |
ISBN | : 1783477903 |
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American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.
Author | : John V. Orth |
Publisher | : Oxford University Press |
Total Pages | : 248 |
Release | : 1987-01-22 |
Genre | : Law |
ISBN | : 0195364856 |
Download The Judicial Power of the United States Book in PDF, Epub and Kindle
Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts. The first amendment adopted after the Bill of Rights, the Eleventh Amendment limits the exercise of U.S. judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction; by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction. Here, Orth reconstructs the fascinating but obscure history of the Eleventh Amendment--the labyrinth of legal doctrine, the economic motives and consequences, the political context, and the legacy of the past--over the last two centuries. Using quotes from Wordsworth, Shaw, Mark Twain, Margaret Mitchell, and other writers to clarify and invigorate his narrative, Orth finally makes accessible an important but complex slice of constitutional history.
Author | : James E Pfander |
Publisher | : Oxford University Press |
Total Pages | : 328 |
Release | : 2009-05-26 |
Genre | : Law |
ISBN | : 0199712751 |
Download One Supreme Court Book in PDF, Epub and Kindle
Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United States. Uncertainty persists about the basis on which state courts and federal agencies may hear federal claims and the degree to which federal courts must review their decisions. Scholars approach these questions from a range of vantage points and have arrived at widely varying conclusions about the relationship between congressional and judicial power. Deploying familiar forms of legal analysis, and relying upon a new account of the Court's supremacy in relation to lower courts and tribunals, James Pfander advances a departmental conception of the judiciary. He argues that Congress can enlist the state courts, lower federal courts, and administrative agencies to hear federal claims in the first instance, but all of these tribunals must operate within a hierarchical framework over which the "one supreme Court" identified in the Constitution exercises ultimate supervisory authority. In offering the first general account of the Court as department head, Pfander takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts and non-Article III tribunals, its control over the doctrine of vertical stare decisis, and its ability to craft rules of practice for the federal system.
Author | : Kermit L. Hall |
Publisher | : Taylor & Francis |
Total Pages | : 506 |
Release | : 2000 |
Genre | : Law |
ISBN | : 9780815334279 |
Download Judicial Review and Judicial Power in the Supreme Court Book in PDF, Epub and Kindle
First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
Author | : Sotirios A. Barber |
Publisher | : |
Total Pages | : 1020 |
Release | : 1993 |
Genre | : Law |
ISBN | : |
Download The Constitution of Judicial Power Book in PDF, Epub and Kindle
Barber shows that New Right theorists, such as Bork, and establishment liberals, such as Ronald Dworkin, are moral relativists who cannot escape conclusions ("might makes right," for example) that could destroy constitutionalism in America. The best hope for American freedoms, Barber argues, is to revive classical constitutionalism - and he explains how new movements in philosophy today allow the Court's friends to do just that. Written in a lively and engaging style.
Author | : Alexander Hamilton |
Publisher | : Read Books Ltd |
Total Pages | : 420 |
Release | : 2018-08-20 |
Genre | : History |
ISBN | : 1528785878 |
Download The Federalist Papers Book in PDF, Epub and Kindle
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author | : Charles Grove Haines |
Publisher | : |
Total Pages | : 586 |
Release | : 1909 |
Genre | : Courts |
ISBN | : |
Download The Conflict Over Judicial Powers in the United States to 1870 Book in PDF, Epub and Kindle
Author | : Simeon Eben Baldwin |
Publisher | : IndyPublish.com |
Total Pages | : 426 |
Release | : 1905 |
Genre | : Law |
ISBN | : |
Download The American Judiciary Book in PDF, Epub and Kindle
Author | : Robert H. Jackson |
Publisher | : |
Total Pages | : 442 |
Release | : 1962 |
Genre | : Constitutional law |
ISBN | : |
Download The Struggle for Judicial Supremacy Book in PDF, Epub and Kindle