Popular Government and the Supreme Court

Popular Government and the Supreme Court
Author: Lane V. Sunderland
Publisher:
Total Pages: 384
Release: 1996
Genre: Law
ISBN:

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With quiet eloquence, Lane Sunderland argues that we must reclaim the fundamental principles of the Constitution if we are to restore democratic government to its proper role in American life. For far too long, he contends, the popular will has been held in check by an overly powerful Supreme Court using non-constitutional principles to make policy and promote its own political agendas. His work shows why this has diminished American democracy and what we can do to revive it. Sunderland presents a strong, thoughtful challenge to the constitutional theories promoted by Ronald Dworkin, Archibald Cox, Richard Epstein, Michael Perry, John Hart Ely, Robert Bork, Philip Kurland, Laurence Tribe, Mark Tushnet, and Catharine MacKinnon—an enormously diverse group united by an apparent belief in judicial supremacy. Their theories, he demonstrates, undermine the democratic foundations of the Constitution and the power of the majority to resolve for itself important questions of justice. Central to this enterprise is Sunderland's reconsideration of The Federalist as the first, most reliable, and most profound commentary on the Constitution. "The Federalist," he states, "is crucial because it explains the underlying theory of the Constitution as a whole, a theory that gives meaning to its particular provisions." In addition, Sunderland reexamines the Declaration of Independence and the work of Hobbes, Locke, and Montesquieu, in order to better define the nature and limits of their influence on the Framers. His reading of these works in conjunction with The Federalist shows just how far afield contemporary commentators have strayed. Sunderland deliberately echoes and amplifies Madison's wisdom in Federalist No. 10 that the object of the Constitution is "to secure the public good and private rights . . . and at the same time to preserve the spirit and form of popular government." To attain that object, he persuasively argues, requires that the judiciary acknowledge and enforce the constitutional limitations upon its own powers. In an era loudly proclaiming the return of popular government, majority rule, and the "will of the people," that argument is especially relevant and appealing.

The Most Dangerous Branch

The Most Dangerous Branch
Author: David A. Kaplan
Publisher: Crown
Total Pages: 480
Release: 2018-09-04
Genre: Political Science
ISBN: 1524759929

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The former legal affairs editor of Newsweek takes us inside the secret world of the Supreme Court and shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. Never before has the Court been more central in American life. It is now the nine justices who too often decide the biggest issues of our time—from abortion and same-sex marriage to gun control, campaign finance, and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. The newest justice, Brett Kavanaugh—replacing Anthony Kennedy—is even more important, holding the swing vote over so much social policy. With the 2020 campaign underway, and with two justices in their ’80s, the Court looms even larger. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices, Kaplan provides fresh details about life behind the scenes at the Court: the reaction to Kavanaugh’s controversial arrival, the new role for Chief Justice John Roberts, Clarence Thomas's simmering rage, Antonin Scalia's death, Ruth Bader Ginsburg's celebrity, Breyer Bingo, and the petty feuding between Gorsuch and the chief justice. Kaplan offers a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United. (He also faults the Court for not getting involved when it should—for example, to limit partisan gerrymandering.) But the arrogance of the Court isn't partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court's transcendent power, as well as presenting an intimate inside look at the Court, The Most Dangerous Branch is sure to rile both sides of the political aisle.

Popular Government

Popular Government
Author: William Howard Taft
Publisher: New Haven : Yale University Press
Total Pages: 302
Release: 1913
Genre: Political science
ISBN:

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American Government: Supreme Court

American Government: Supreme Court
Author: John Perritano
Publisher: Saddleback Educational Publishing
Total Pages: 108
Release: 2016-02-01
Genre: Young Adult Nonfiction
ISBN: 1630784346

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The Supreme Court is the highest judicial court in the U.S. It has the final say on whether laws violate the Constitution. This handbook defines the role of the court and how it is essential to the rule of law. Five unique handbooks comprise the new American Government series. With the confusing political discourse in today’s world, it’s no wonder kids tune out. How can we tune them back in? The stale descriptions in standard American government textbooks do nothing to motivate learning. The readability is too high. And the language too dry. How can we make it personal? Accessible? Interesting? Even humorous?

The Velvet Coup

The Velvet Coup
Author: Daniel Lazare
Publisher: Verso
Total Pages: 168
Release: 2001-10-17
Genre: Political Science
ISBN:

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Not only will breakdowns like the one that occurred in November 2000 grow more frequent, they will grow more serious as well."--Jacket.

The Role of the Supreme Court in American Government and Politics, 1835-1864

The Role of the Supreme Court in American Government and Politics, 1835-1864
Author: Charles Grove Haines
Publisher: Univ of California Press
Total Pages: 544
Release: 2023-11-10
Genre: Law
ISBN: 0520350367

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This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1957.

Meet the Supreme Court

Meet the Supreme Court
Author: Drew Nelson
Publisher: Gareth Stevens Publishing LLLP
Total Pages: 34
Release: 2012-08-01
Genre: Juvenile Nonfiction
ISBN: 1433972719

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The Supreme Court has an important role in American government, such as keeping lawmakers in check and passing down influential decisions. Readers are introduced to the history of the Supreme Court, including many landmark decisions that have shaped our nation. Fascinating fact boxes and detailed sidebars enhance important social studies content, and full-color photographs add to the interesting subject matter. The fun, in-depth approach to a common social studies topic engages budding lawyers, judges, and historians alike.

Public Opinion and Popular Government

Public Opinion and Popular Government
Author: Robert Weissberg
Publisher: Prentice Hall
Total Pages: 294
Release: 1976
Genre: Public opinion
ISBN:

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