The Least Dangerous Branch?

Consequences of Judicial Activism

Author: Stephen Powers

Publisher: Greenwood Publishing Group

ISBN:

Category: Law

Page: 221

View: 307

Is the American judiciary still the "least dangerous branch," as Alexander Hamilton and legal scholar Alexander Bickel characterized it? Powers and Rothman explore the impact of the federal courts, providing a brief account of the development of constitutional law and an overview of the judiciary's impact in six controversial areas of public policy.

The Least Dangerous Branch? Consequences of Judicial Activism

Consequences of Judicial Activism

Author: Stephen P. Powers

Publisher: ABC-CLIO

ISBN:

Category: Law

Page: 232

View: 420

Is the American judiciary still the least dangerous branch, as Alexander Hamilton and legal scholar Alexander Bickel characterized it? Unlike legislatures or administrative agencies, courts do not make policy so much as direct and redirect policy as it is implemented. The judicial contribution to policymaking involves the infusion of constitutional rights into the realm of public policy, and as the government has grown, the courts have become more powerful from doing more and more of this. Powers and Rothman explore the impact of the federal courts, providing a brief account of the development of constitutional law and an overview of the judiciary's impact in six controversial areas of public policy. •Busing •Affirmative action •Prison reform •Mental health reform •Procedural reforms in law enforcement •Electoral redistricting In each of these areas, the authors review significant cases that bear on the particular policy, exploring the social science evidence to assess the impact of the courts on policies—and the consequences of that intervention. Powers and Rothman conclude that judicial intervention in public policy has often brought about undesirable consequences, sometimes even for the intended beneficiaries of government intervention.

Measuring Judicial Activism

Author: Stefanie Lindqquist

Publisher: Oxford University Press

ISBN:

Category: Law

Page: 176

View: 980

'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.

The Supreme Court and Constitutional Democracy

Author: John Agresto

Publisher: Cornell University Press

ISBN:

Category: Law

Page: 192

View: 322

In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.

Encyclopedia of Activism and Social Justice

Author: Gary L. Anderson

Publisher: SAGE Publications

ISBN:

Category: Language Arts & Disciplines

Page: 1832

View: 695

The Encyclopedia of Activism and Social Justice presents a comprehensive overview of the field with topics of varying dimensions, breadth, and length. This three-volume Encyclopedia is designed for readers to understand the topics, concepts, and ideas that motivate and shape the fields of activism, civil engagement, and social justice and includes biographies of the major thinkers and leaders who have influenced and continue to influence the study of activism.

Encyclopedia of American Civil Rights and Liberties: Revised and Expanded Edition, 2nd Edition [4 volumes]

Author: Kara E. Stooksbury

Publisher: ABC-CLIO

ISBN:

Category: Law

Page: 1277

View: 306

Thoroughly updated and featuring 75 new entries, this monumental four-volume work illuminates past and present events associated with civil rights and civil liberties in the United States. • Offers 686 alphabetically arranged entries, ranging from thoroughly updated entries from the first edition to 75 new entries that cover dramatic changes in civil rights and liberties in the last decade • Covers the latest events and controversies surrounding civil liberties issues in America • Fully explores the scope and limitations of Constitutional rights, a perennially hot topic in American politics and society • Includes primary documents with contextual headnotes to enhance understanding of the full importance of the featured document • Provides sources for further reading with each entry to help users engage in additional research

Decision Making by the Modern Supreme Court

Author: Richard L. Pacelle, Jr

Publisher: Cambridge University Press

ISBN:

Category: Political Science

Page:

View: 851

There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953–2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past.

The U.S. Justice System: Law and constitution in early America

Author: Steven Harmon Wilson

Publisher: ABC-CLIO

ISBN:

Category: LAW

Page: 1276

View: 489

A comprehensive, three-volume set that provides detailed background essays, short topical entries, and primary document excerpts to explain the organization, history, and functioning of the U.S. justice system. * More than 50 contributing scholars provide a variety of expertise from the fields of law, history, and politics * A separate volume of primary source documents * A comprehensive bibliography as well as suggested readings for each essay and article * A glossary of hundreds of key terms like "contract," "injunction," and "precedent"

Schools for Misrule

Legal Academia and an Overlawyered America

Author: Walter K. Olson

Publisher: Encounter Books

ISBN:

Category: Law

Page: 294

View: 967

Some imagine that the law schools possess a finer, purer moral sensitivity than the everyday America outside their walls. ("Welcome to the Republic of Conscience!" Yale Law dean Harold Koh announced to incoming students.) But as this book shows the pipe dream of training philosopher-monarchs not only leads to one policy disaster after another, but distracts law schools from the most useful function they can serve: training competent, ethical and suitably humble lawyers for tomorrow. --Book Jacket.

Judicial Activism

Defining the Problem and Its Impact : Hearings Before the Subcommittee on the Constitution, Federalism, and Property Rights of the Committee on the Judiciary, United States Senate, One Hundred Fifth Congress, First Session, on S.J. Res. 26, a Bill Proposing a Constitutional Amendment to Establish Limited Judicial Terms of Office, June 11, July 15, and 29, 1997

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights

Publisher:

ISBN:

Category: Constitutional amendments

Page: 216

View: 364