The Supreme Court and Constitutional Theory, 1953-1993

The Supreme Court and Constitutional Theory, 1953-1993
Title The Supreme Court and Constitutional Theory, 1953-1993 PDF eBook
Author Ronald Kahn
Publisher
Pages 336
Release 1994
Genre Law
ISBN

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Combining theoretical sophistication with a fundamental comprehension of the political institutions of the USA, this study aims to demystify the workings of the United States Supreme Court and its place in democracy.

The Supreme Court and American Political Development

The Supreme Court and American Political Development
Title The Supreme Court and American Political Development PDF eBook
Author Ronald Kahn
Publisher University Press of Kansas
Pages 526
Release 2006-05-15
Genre Law
ISBN 0700614397

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This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court. Moving beyond the traditional "law versus politics" perspective, the authors draw extensively on recent studies in American Political Development (APD) to present a much more complex and sophisticated view of the Court as both a legal and political entity. The contributors--including Pam Brandwein, Howard Gillman, Mark Graber, Ronald Kahn, Tom Keck, Ken Kersch, Wayne Moore, Carol Nackenoff, Julie Novkov, and Mark Tushnet--share an appreciation that the process of constitutional development involves a complex interplay between factors internal and external to the Court. They underscore the developmental nature of the Court, revealing how its decision-making and legal authority evolve in response to a variety of influences: not only laws and legal precedents, but also social and political movements, election returns and regime changes, advocacy group litigation, and the interpretive community of scholars, journalists, and lawyers. Initial chapters reexamine standard approaches to the question of causation in judicial decision-making and the relationship between the Court and the ambient political order. Next, a selection of historical case studies exemplifies how the Court constructs its own authority as it defines individual rights and the powers of government. They show how interpretations of the Reconstruction amendments inform our understanding of racial discrimination, explain the undermining of affirmative action after Bakke, and consider why Roe v. Wade has yet to be overturned. They also tell how the Court has collaborated with political coalitions to produce the New Deal, Great Society, and Reagan Revolution, and why Native Americans have different citizenship rights than other Americans. These contributions encourage further debate about the nature and processes of constitutional change and invite APD scholars to think about law and the Court in more sophisticated ways.

Constitutional Interpretation

Constitutional Interpretation
Title Constitutional Interpretation PDF eBook
Author Keith E. Whittington
Publisher
Pages 328
Release 1999
Genre Social Science
ISBN

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With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.

The Supreme Court in American Politics

The Supreme Court in American Politics
Title The Supreme Court in American Politics PDF eBook
Author Howard Gillman
Publisher
Pages 328
Release 1999
Genre Law
ISBN

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For decades political scientists studying the Court have adopted behavioral approaches and focused on the relatively narrow question of how the justices' policy preferences influence their voting behavior. This emphasis has illuminated important aspects of Supreme Court politics, but it has also left unaddressed many other important questions about this unique and fascinating institution. Drawing on "the new institutionalism" in the social sciences, the distinguished contributors to this volume attempt to fill this gap by exploring a variety of topics, including the Court's institutional development and its relationship to broader political contexts such as party regimes, electoral systems, social movements, social change, legal precedents, political identities, and historically evolving economic structures. The book's initial chapters examine the nature of the Court's distinctive norms as well as the development of its institutional powers and practice. A second section relates the development of Supreme Court politics to the historical development of other political institutions and social movements. Concluding chapters explore how its decision making in particular areas of law or periods of time is influenced by—and influences—its socio-political milieu. These contributions offer provocative insights regarding the Court's role in maintaining or disrupting political and economic structures, as well as social structures and identities tied to ideology, class, race, gender, and sexual orientation. The Supreme Court in American Politics shows how we can develop an enriched understanding of this institution, and open up exciting new areas of research by placing it in the broader context of politics in the United States.

The Supreme Court Under Earl Warren, 1953-1969

The Supreme Court Under Earl Warren, 1953-1969
Title The Supreme Court Under Earl Warren, 1953-1969 PDF eBook
Author Michal R. Belknap
Publisher Univ of South Carolina Press
Pages 464
Release 2005
Genre Biography & Autobiography
ISBN 9781570035630

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In The Supreme Court under Earl Warren, 1953-1969, Michal Belknap recounts the eventful history of the Warren Court. Chief Justice Earl Warren's sixteen years on the bench were among the most dramatic, productive, and controversial in the history of the Supreme Court. Warren's tenure saw the Court render decisions that are still hotly debated today. Its rulings addressed such issues as school desegregation, separation of church and state, and freedom of expression.

The Supreme Court, Race, and Civil Rights

The Supreme Court, Race, and Civil Rights
Title The Supreme Court, Race, and Civil Rights PDF eBook
Author Abraham L. Davis
Publisher SAGE Publications
Pages 510
Release 1995-07-25
Genre Political Science
ISBN 1506320252

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Discover the first law textbook to provide a comprehensive examination of the Supreme Court′s institutional commitment to equality over a time span of more than 190 years. Filling the void of literature in this area, this long-awaited volume incorporates information from the disciplines of law, political science, and history to provide the student with a thorough analysis of race and law from the perspective of politically disadvantaged groups. Carefully selected cases stimulate classroom discussion and at the same time cultivate competence in reading actual Supreme Court rulings. Accessible and flexible, this textbook affords professors and instructors an opportunity to pick and choose from the essays and cases for each historical period. The authors instill in students a deeper appreciation of the multicultural component of ongoing struggles for equality within the American context. Written specifically for undergraduate, graduate, and law school courses that emphasize civil rights/race and the law, The Supreme Court, Race, and Civil Rights stands alone as an outstanding textbook.

Crafting Law on the Supreme Court

Crafting Law on the Supreme Court
Title Crafting Law on the Supreme Court PDF eBook
Author Forrest Maltzman
Publisher Cambridge University Press
Pages 226
Release 2000-07-03
Genre Law
ISBN 9780521783941

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Supreme Court decisions stem largely from the political nature of the opinion writing process.