Many critics attack federal judges as anti-democratic elitists, activists out of step with the mainstream of American thought. But others argue that judges should stand alone as the ultimate guardians of American values, placing principle before the views of the people. In The Most Democratic Branch, Jeffrey Rosen disagrees with both assertions. Contrary to what interest groups may claim, he contends that, from the days of John Marshall right up to the present, the federal courts by and large have reflected the opinions of the mainstream. More important, he argues that the Supreme Court is most successful when it defers to the constitutional views of the American people, as represented most notably by Congress and the Presidency. And on the rare occasion when they departed from the consensus, the result has often been a disaster. To illustrate, Rosen provides a penetrating look at some of the most important Supreme Court cases in American history--cases involving racial equality, affirmative action, abortion, gay rights and gay marriage, the right to die, electoral disputes, and civil liberties in wartime. Rosen shows that the most notorious constitutional decisions in American history--the ones that have been most strenuously criticized, such as Dred Scott or Roe v. Wade--have gone against mainstream opinion. By contrast, the most successful decisions--from Marbury v. Madison to Brown v. Board of Education--have avoided imposing constitutional principles over the wishes of the people. Rosen concludes that the judiciary works best when it identifies the constitutional principles accepted by a majority of Americans, and enforces them unequivocally as fundamental law. Jeffrey Rosen is one of the most respected legal experts writing today, a regular contributor to The New York Times Magazine and the Legal Affairs Editor of The New Republic. The provocative arguments that he puts forth here are bound to fuel heated debate at a time when the federal judiciary is already the focus of fierce criticism.
How the Courts Serve America
Author: Jeffrey Rosen
Publisher: Oxford University Press
Ausgezeichnet mit dem NDR Kultur Sachbuchpreis 2018 als bestes Sachbuch des Jahres Demokratien sterben mit einem Knall oder mit einem Wimmern. Der Knall, also das oft gewaltsame Ende einer Demokratie durch einen Putsch, einen Krieg oder eine Revolution, ist spektakulärer. Doch das Dahinsiechen einer Demokratie, das Sterben mit einem Wimmern, ist alltäglicher – und gefährlicher, weil die Bürger meist erst aufwachen, wenn es zu spät ist. Mit Blick auf die USA, Lateinamerika und Europa zeigen die beiden Politologen Steven Levitsky und Daniel Ziblatt, woran wir erkennen, dass demokratische Institutionen und Prozesse ausgehöhlt werden. Und sie sagen, an welchen Punkten wir eingreifen können, um diese Entwicklung zu stoppen. Denn mit gezielter Gegenwehr lässt sich die Demokratie retten – auch vom Sterbebett.
Und was wir dagegen tun können
Author: Steven Levitsky,Daniel Ziblatt
Category: Political Science
The View of the Courts from the Hill explores the current interactions and relationship between the U.S. Congress and federal courts using a "governance as dialogue" approach, which argues that constitutional interpretation in the United States is a continuous and complex conversation among all the institutions of government. Expanding on his previous work on this important theme, Mark C. Miller has interviewed numerous key players specifically for this book. His subjects include members of Congress, federal judges, congressional staff, employees of the judicial branch, lobbyists, and others with an interest in the courts. Their candid and thorough comments provide an invaluable resource for students and scholars eager to explore the dynamics between congressional and judicial forces as they have evolved over the past two decades. The book examines customary interactions between Congress and the federal courts—especially the U.S. Supreme Court—as well as extraordinary conflicts between the two branches of government both today and throughout American history. Miller gives special attention to recent attempts by social conservatives in Congress to silence the voice of the courts in the inter-institutional dialogue through the use of court-stripping measures, threats of impeachment of federal judges, and a proposal for an inspector general for the courts. Particular focus is placed on the interactions between the courts and the House Judiciary Committee under Republican control, as well as the approach taken by the Religious Right toward federal judges and the federal courts in general. The book concludes with a call for the protection of judicial independence in order to preserve the voice of the federal courts in the constitutional interpretation dialogue.
Interactions Between Congress and the Federal Judiciary
Author: Mark C. Miller
Publisher: University of Virginia Press
Law and Political Science. A witty defense of judicial activism.--National Review. Must reading for any student of government.--Washington Monthly
Author: Richard Neely
Publisher: Yale University Press
Tocqueville, Alexis de. Democracy in America. Translated by Henry Reeve, Esq. With an Original Preface and Notes by John C. Spencer. New York: Adlard and Saunders, 1838. xxx, 464 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002025957. ISBN 1-58477-249-2. Cloth. $85. * Reprint of the first English-language edition. In 1831, Alexis de Tocqueville [1805-1859] and Gustave de Beaumont [fl.1835] were sent to the United States by the French government to study American prisons, which were renowned for their progressive and humane methods. They were pleased to accept this assignment because they were intrigued by the idea of American democracy. Tocqueville and Beaumont spent nine months in the country, traveling as far west as Michigan and as far south as New Orleans. Throughout the tour, Tocqueville used his social connections to arrange meetings with several prominent and influential thinkers of the day. He recorded his thoughts on the structure of the government and the judicial system, and commented on everyday people and the nation's political culture and social institutions. His observations on slavery, in particular, are impassioned and critical. These notes formed the basis of Democracy in America. This landmark work initiated a dialogue about the nature of democracy and the United States and its people that continues to this day.
Author: Alexis de Tocqueville
Publisher: The Lawbook Exchange, Ltd.
150th anniversary of the Dred Scott decision
Author: Chicago-Kent College of Law
Author: Alexander Hamilton,James Madison,John Jay
Category: Constitutional history
Author: Arthur James Wells
Category: English literature
Author: Christopher P. Banks,David M. O'Brien
Publisher: Prentice Hall
THE BRIEF AMERICAN PAGEANT presents a concise and vivid chronological narrative, focusing on the great public debates that have dominated American history. Colorful anecdotes, first-person quotations, and the text's trademark wit are all evident throughout. Focus questions, chapter outlines and summaries, marginal glossaries, and links to additional online study aids ensure that students understand and retain the material as they read and prepare for exams. Available in the following split options: THE BRIEF AMERICAN PAGEANT, Eighth Edition (Chapters 1-42), ISBN: 978-0-495-91535-5; Volume I: To 1877 (Chapters 1-22), ISBN: 978-0-495-91535-5; Volume II: Since 1865 (Chapters 22-42), ISBN: 978-0-495-91537-9. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: David M. Kennedy,Lizabeth Cohen,Mel Piehl
Publisher: Cengage Learning
A definitive history of the U.S. Supreme Court details the evolution of the legal institution from the early days of the American Republic to the present day, offering profiles of the justices, the Court's years under each Chief Justice, its influence on American life, and the issues, cases, and decisions they handled from the perspective of the time in which they came before the Court.
an essential history
Author: Peter Charles Hoffer,Williamjames Hoffer,N. E. H. Hull
Publisher: Univ Pr of Kansas
Category: Southern States
The Institutions of American Democracy series, published in partnership with the Annenberg Foundation Trust at Sunnylands and the Annenberg Public Policy Center (APPC), is designed to stimulate debate about the future of American democracy. Commissions of the nation's leading scholars as well as practitioners directly involved with each of these institutions gathered together to discuss the important issues being debated within each. Led by a stellar national advisory board, the first five volumes were published in late 2005 and focused on the executive branch, legislative branch, judicial branch, public schools, and the press. This sixth volume in the series assesses the state of American democracy by taking a close look at how people see these five core institutions. Through an analysis of opinion surveys commissioned by the APPC, A Republic Divided compares the views of the general population with those of the insiders. Topics addressed include the separation of powers, trust, knowledge, effectiveness, and many other issues. In addition to chapters on each institution, there are also cross-institutional analyses on separation of powers and on trust and performance, including a discussion of the tensions that each institution has with the press. An appendix includes technical details about the surveys, and the book concludes with an index. All of the toplines and data sets for the surveys are available on the APPC Web site: www.annenbergpublicpolicycenter.org This is a much needed report on the state of American democracy during a time of deep political and cultural division. It is the perfect final volume for this important series.
Publisher: Oxford University Press, USA
Category: Political Science
This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: there are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.
The Accountability Function of Courts in New Democracies
Author: Siri Gloppen,Roberto Gargarella,Elin Skaar
Publisher: Psychology Press
Category: Political Science
The question at the center of the seventeenth edition of THE IRONY OF DEMOCRACY is “How democratic is American society?” While most American government textbooks address politics from a pluralist perspective, this text approaches the subject using an elitist perspective, thus exposing the irony between it and democratic theory and modern pluralist theory. As a result, this text helps students understand why the U.S. government works as it does. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: Louis Schubert,Thomas R. Dye,Harmon Zeigler
Publisher: Cengage Learning
Category: Political Science