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Raw Judicial Power

Author: Robert J. McKeever
Publisher: Manchester University Press
ISBN: 9780719048739
Size: 23.74 MB
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This book presents an analysis of the modern Supreme Court which takes full account of both its legal and political aspects. The book has an empirical bias, and starts with an examination of the political and social forces which brought to prominence the kind of social issues of recent decades. Chapter Two traces the legal and judicial developments that have occurred roughly in parallel to, and sometimes in direct connection with, the rise of the social issue in American politics. Chapters Three to Seven analyze the Court's decisions in the major policy areas affected by these political and judgemental dynamics, namely abortion, capital punishment, affirmative action for racial minorities and women, and other cases including gay rights, pornography and governmental support for religious values. The concluding chapter examines the Court's suitability to continue to carry the political burden that it has acquired.

The Supreme Court S Constitution

Author: Bernard H. Siegan
Publisher: Transaction Publishers
ISBN: 9781412839273
Size: 55.96 MB
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The U.S. Court has exercised enormous influence on American society throughout its history. Although the Court is considered the guardian of the Constitution, the Constitution does not specifically set forth the Court's power to strike down federal or state legislation, nor does it provide guidance on how this power should be applied. In this critical examination of Supreme Court opinions, Bernard Siegan argues that the Court has frequently ruled both contrary to and without guidance from Constitutional meaning and purpose. He concludes that the U.S. Supreme Court has increasingly become more the maker than the interpreter of fundamental law. The author offers a detailed analysis of the Constitution and numerous Supreme Court cases involving controversial issues ranging from the line between federal and state powers to the validity of measures according to preferential treatment for minorities and women. The book is essential reading for everyone interested in understanding the differences between activist and literalist traditions in the high court.

Freedom Of Speech The Supreme Court And Judicial Review

Author: Martin Shapiro
Publisher: Quid Pro Books
ISBN: 1458196860
Size: 46.60 MB
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One of the great continuing disputes of U.S. politics is about the role of the Supreme Court. Another is about the First Amendment. This book is about both. A classic defense of the openly political role of the Court, this book belies the notion reasserted recently by Chief Justice Roberts that judges are just neutral umpires. Especially in the area of speech, judges make policy; they create law.

The Supreme Court In American Society

Author: Kermit Hall
Publisher: Taylor & Francis
ISBN: 9780815337577
Size: 53.36 MB
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Readable and information-filled, The Supreme Court in American Society is a valuable reference for students of law and history alike."--Jacket.