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The American Supreme Court

The American Supreme Court

Fifth Edition

  • Author: Robert G. McCloskey
  • Publisher: University of Chicago Press
  • ISBN: 0226556832
  • Category: Law
  • Page: 368
  • View: 6467
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Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.

The American Supreme Court, Sixth Edition

The American Supreme Court, Sixth Edition

  • Author: Robert G. McCloskey,Sanford Levinson
  • Publisher: University of Chicago Press
  • ISBN: 022629692X
  • Category: History
  • Page: 448
  • View: 6093
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For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.

A History of the Supreme Court

A History of the Supreme Court

  • Author: Bernard Schwartz
  • Publisher: Oxford University Press
  • ISBN: 9780195093872
  • Category: History
  • Page: 465
  • View: 4157
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A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.

Constitutional Faith

Constitutional Faith

  • Author: Sanford Levinson
  • Publisher: Princeton University Press
  • ISBN: 0691152403
  • Category: History
  • Page: 262
  • View: 6720
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"The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.

The Court and the Constitution

The Court and the Constitution

  • Author: Archibald Cox
  • Publisher: Houghton Mifflin Harcourt
  • ISBN: N.A
  • Category: Political Science
  • Page: 434
  • View: 2767
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From Marbury vs. Madison to civil rights and abortion, this volume chronicles the issues, the debates, and the individuals who have kept the Constitution vital and, in doing so, have shaped American history

The Genius of American Politics

The Genius of American Politics

  • Author: Daniel J. Boorstin
  • Publisher: University of Chicago Press
  • ISBN: 9780226064918
  • Category: Political Science
  • Page: 199
  • View: 962
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How much of our political tradition can be absorbed and used by other peoples? Daniel Boorstin's answer to this question has been chosen by the Carnegie Corporation of New York for representation in American Panorama as one of the 350 books, old and new, most descriptive of life in the United States. He describes the uniqueness of American thought and explains, after a close look at the American past, why we have not produced and are not likely to produce grand political theories or successful propaganda. He also suggests what our attitudes must be toward ourselves and other countries if we are to preserve our institutions and help others to improve theirs. ". . . a fresh and, on the whole, valid interpretation of American political life."—Reinhold Niebuhr, New Leader

The Age of Deference

The Age of Deference

The Supreme Court, National Security, and the Constitutional Order

  • Author: David Rudenstine
  • Publisher: Oxford University Press
  • ISBN: 0199381488
  • Category: Military law
  • Page: 344
  • View: 6397
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In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.

American Constitutional Law

American Constitutional Law

  • Author: Louis Fisher
  • Publisher: CUP Archive
  • ISBN: N.A
  • Category: Constitutional law
  • Page: 1172
  • View: 9472
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The Choices Justices Make

The Choices Justices Make

  • Author: Lee Epstein,Jack Knight
  • Publisher: SAGE
  • ISBN: 148330485X
  • Category: Political Science
  • Page: 224
  • View: 9470
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The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court's public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices' papers animate the work.

The Supreme Court and the Attitudinal Model Revisited

The Supreme Court and the Attitudinal Model Revisited

  • Author: Jeffrey A. Segal,Harold J. Spaeth
  • Publisher: Cambridge University Press
  • ISBN: 9780521789714
  • Category: Law
  • Page: 459
  • View: 6766
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Two leading scholars of the Supreme Court explain and predict its decision making.

American Justice 2016

American Justice 2016

The Political Supreme Court

  • Author: Lincoln Caplan
  • Publisher: University of Pennsylvania Press
  • ISBN: 081229372X
  • Category: Law
  • Page: 188
  • View: 2808
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When the Democrat-appointed Justice Ruth Bader Ginsburg criticized Republican presidential nominee Donald Trump, she triggered concerns about judicial ethics. But the political concerns were even more serious. The Supreme Court is supposed to be what Alexander Hamilton called "the least dangerous" branch of government, because it is the least political. Justices have lifetime appointments to ensure their "complete independence" when deciding cases and controversies. But in the Roberts Court's most contested and important rulings, it has divided along partisan lines for the first time in American history: Republican presidents appointed the conservatives, Democrats appointed the liberals. Justice Ginsburg's criticisms suggested that partisan politics drive the Court's most profound disagreements. Well-respected political science supports that view. Has this partisan turn made the Court less independent and less trustworthy than the nation requires? The term ending in 2016 included more decisions and developments in almost fifty years for analyzing this question. Among them were major cases about abortion rights, the death penalty, immigration, and other wedge issues, as well as the death of Justice Antonin G. Scalia, leaving the Court evenly divided between conservatives and liberals. Legal journalist Lincoln Caplan dissects the recent term, puts it in historical context, and recommends ways to strengthen trust in the Supreme Court as the pinnacle of the American constitutional system.

The Dynamics of American Politics

The Dynamics of American Politics

Approaches and Interpretations

  • Author: Lawrence C. Dodd,Calvin C. Jillson
  • Publisher: Westview Pr
  • ISBN: N.A
  • Category: Political Science
  • Page: 451
  • View: 7674
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This book offers a comprehensive assessment of the major theoretical approaches to the study of American politics. Written by leading scholars in the field, the book’s essays focus particularly on the contributions that competing macro- and microanalytic approaches make to our understanding of political change in America.The essays include systematic overviews of the patterns of constancy and change that characterize American political history as well as comparative discussions of theoretical traditions in the study of American political change. The volume concludes with four provocative essays proposing new and integrated interpretations of American politics.This is a path-breaking book that all scholars concerned with American politics will want to read and that all serious students of American politics will need to study. The Dynamics of American Politics is appropriate for graduate core seminars on American politics, undergraduate capstone courses on American politics, courses on political theory and approaches to political analysis, and rigorous lower-division courses on American politics.

The Indigo Book

The Indigo Book

  • Author: Christopher Jon Sprigman
  • Publisher: Lulu.com
  • ISBN: 1892628023
  • Category: Citation of legal authorities
  • Page: 201
  • View: 7415
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This public domain book is an open and compatible implementation of the Uniform System of Citation.

Building the American Republic, Volume 2

Building the American Republic, Volume 2

A Narrative History from 1877

  • Author: Jane Dailey
  • Publisher: University of Chicago Press
  • ISBN: 022630082X
  • Category: History
  • Page: 478
  • View: 2528
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What was America? The question resounds today more than ever. While countless contemporary textbooks have sought to relate this country's history, most have done so in fragmented, diluted, or unapproachable ways. These two volumes break down all the barriers to a full understanding of America: it has just two authors, each with a strong point of view; it is told in pure narrative form, befitting its riveting story; and it is as low-cost a textbook as there has ever been. Unlike other open access textbooks, Building the Republic is authoritative and coherent. Throughout, Harry Watson and Jane Dailey emphasize the enduring and multifarious influence of religion, the evolution of law and legal norms, and the distinctive history and influence of the South. And they take a capacious view of the role of politics in US history, beyond simple "political history." These two volumes sweep the reader up in the inimitable history of a country forever remaking itself.

Bowling Alone

Bowling Alone

The Collapse and Revival of American Community

  • Author: Robert D. Putnam
  • Publisher: Simon and Schuster
  • ISBN: 0743203046
  • Category: History
  • Page: 541
  • View: 9171
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Shows how changes in work, family structure, women's roles, and other factors have caused people to become increasingly disconnected from family, friends, neighbors, and democratic structures--and how they may reconnect.

Constitutional Redemption

Constitutional Redemption

  • Author: J. M. Balkin
  • Publisher: Harvard University Press
  • ISBN: 0674058747
  • Category: History
  • Page: 298
  • View: 6076
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Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.

Arc of Justice

Arc of Justice

A Saga of Race, Civil Rights, and Murder in the Jazz Age

  • Author: Kevin Boyle
  • Publisher: Henry Holt and Company
  • ISBN: 9781429900164
  • Category: History
  • Page: 432
  • View: 425
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An electrifying story of the sensational murder trial that divided a city and ignited the civil rights struggle In 1925, Detroit was a smoky swirl of jazz and speakeasies, assembly lines and fistfights. The advent of automobiles had brought workers from around the globe to compete for manufacturing jobs, and tensions often flared with the KKK in ascendance and violence rising. Ossian Sweet, a proud Negro doctor-grandson of a slave-had made the long climb from the ghetto to a home of his own in a previously all-white neighborhood. Yet just after his arrival, a mob gathered outside his house; suddenly, shots rang out: Sweet, or one of his defenders, had accidentally killed one of the whites threatening their lives and homes. And so it began-a chain of events that brought America's greatest attorney, Clarence Darrow, into the fray and transformed Sweet into a controversial symbol of equality. Historian Kevin Boyle weaves the police investigation and courtroom drama of Sweet's murder trial into an unforgettable tapestry of narrative history that documents the volatile America of the 1920s and movingly re-creates the Sweet family's journey from slavery through the Great Migration to the middle class. Ossian Sweet's story, so richly and poignantly captured here, is an epic tale of one man trapped by the battles of his era's changing times. Arc of Justice is the winner of the 2004 National Book Award for Nonfiction.

Bury My Heart at Wounded Knee

Bury My Heart at Wounded Knee

An Indian History of the American West

  • Author: Dee Brown
  • Publisher: Open Road Media
  • ISBN: 1453274146
  • Category: History
  • Page: 494
  • View: 8075
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The “fascinating” #1 New York Times bestseller that awakened the world to the destruction of American Indians in the nineteenth-century West (The Wall Street Journal). First published in 1970, Bury My Heart at Wounded Knee generated shockwaves with its frank and heartbreaking depiction of the systematic annihilation of American Indian tribes across the western frontier. In this nonfiction account, Dee Brown focuses on the betrayals, battles, and massacres suffered by American Indians between 1860 and 1890. He tells of the many tribes and their renowned chiefs—from Geronimo to Red Cloud, Sitting Bull to Crazy Horse—who struggled to combat the destruction of their people and culture. Forcefully written and meticulously researched, Bury My Heart at Wounded Knee inspired a generation to take a second look at how the West was won. This ebook features an illustrated biography of Dee Brown including rare photos from the author’s personal collection.

Slouching Towards Gomorrah

Slouching Towards Gomorrah

Modern Liberalism and American Decline

  • Author: Robert H. Bork
  • Publisher: Harper Collins
  • ISBN: 0062030914
  • Category: Political Science
  • Page: 432
  • View: 2978
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In this New York Times bestselling book, Robert H. Bork, our country's most distinguished conservative scholar, offers a prophetic and unprecedented view of a culture in decline, a nation in such serious moral trouble that its very foundation is crumbling: a nation that slouches not towards the Bethlehem envisioned by the poet Yeats in 1919, but towards Gomorrah. Slouching Towards Gomorrah is a penetrating, devastatingly insightful exposé of a country in crisis at the end of the millennium, where the rise of modern liberalism, which stresses the dual forces of radical egalitarianism (the equality of outcomes rather than opportunities) and radical individualism (the drastic reduction of limits to personal gratification), has undermined our culture, our intellect, and our morality. In a new Afterword, the author highlights recent disturbing trends in our laws and society, with special attention to matters of sex and censorship, race relations, and the relentless erosion of American moral values. The alarm he sounds is more sobering than ever: we can accept our fate and try to insulate ourselves from the effects of a degenerating culture, or we can choose to halt the beast, to oppose modern liberalism in every arena. The will to resist, he warns, remains our only hope.

The Supreme Court and the Attitudinal Model

The Supreme Court and the Attitudinal Model

  • Author: Jeffrey Allan Segal,Harold J. Spaeth
  • Publisher: N.A
  • ISBN: 9780521422932
  • Category: Constitutional Law
  • Page: 390
  • View: 9713
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The behaviour and decision-making processes of the US Supreme Court have often been examined using the legal model, which holds that Supreme Court decisions are based on the 'plain meaning' of the Constitution, the intent of the framers and precedent. This book investigates the decisions and the decision-making processes of the Supreme Court using an alternative framework: the attitudinal model, which holds that Supreme Court decisions are based on the attitudes and values of justices. Using the highly reliable US Supreme Court Judicial Data Base, compiled by Professor Spaeth, the authors examine all stages of the Court's decision-making processes, from staffing and access, to case selection, votes on the merits, opinion assignments and opinion coalitions, and judicial restraint and activism, and manage to explain and predict behaviour with a greater degree of accuracy. They also include a framework for understanding the impact of judicial decisions and the place of the Court in the American political system.