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The Judicial Power Of The Purse

Author: Nancy Staudt
Publisher: University of Chicago Press
ISBN: 0226771148
Size: 76.55 MB
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Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

National Security Law And The Power Of The Purse

Author: William C. Banks
Publisher: Oxford University Press on Demand
ISBN: 0195085388
Size: 18.33 MB
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The ideal model of national security decision-making, whereby the Legislative branch authorizes action to protect national security and the Executive branch takes it, has broken down due to the speed and unpredictability of foreign crises and the President's monopoly on foreign intelligence. In response, Congress has ceded the initiative to the President, and then utilized the power of the purse to ratify or restrict what the President has done. This power, by necessity and preference, has become the central congressional tool for participating in national security policy. Inevitably attacks on policy are transformed into attacks on the making and effects of appropriations. This study addresses the constitutional and statutory questions raised by these attacks. It thoroughly explores the history, mechanics, and scope of the power of the purse in national security, using Vietnam War appropriations and the Boland Amendments as case studies. William Banks and Peter Raven-Hansen provide a unique and provocative primer on the power of the purse in national security law.

Government Financial Management Issues And Country Studies

Author: A. Premchand
Publisher: International Monetary Fund
ISBN: 9781557751492
Size: 23.91 MB
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Edited by A. Premchand, this collection of seminar papers and country studies examines recent developments in government accounting and financial management in selected industrial and developing countries. The country studies include Australia, Canada, China, India, Poland, Sweden, Turkey, the United Kingdom, the United States, and Latin American countries.

The Purse And The Sword

Author: Haim Watzman
Publisher: Oxford University Press
ISBN: 0190278501
Size: 35.30 MB
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" The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches. "--

The Power Of The Purse

Author: E. James Ferguson
Publisher: UNC Press Books
ISBN: 0807839752
Size: 32.30 MB
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In The Power of the Purse, E. James Ferguson examines the intricate financial history of the American Revolution and the Confederation and connects it to political and constitutional developments in the period. Whether states or Congress should pay the debts of the Revolution and collect the taxes was a pivotal question whose solution would largely determine the country's progress toward national union. Ultimately, says Ferguson, the Revolutionary debt fulfilled an important purpose as a "bond of union." Ferguson's masterful analysis, originally published in 1961, has become a classic among the literature on the American Revolution.

Raw Judicial Power

Author: Robert J. McKeever
Publisher: Manchester University Press
ISBN: 9780719048739
Size: 67.57 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.

Congress S Constitution

Author: Josh Chafetz
Publisher: Yale University Press
ISBN: 0300197101
Size: 13.95 MB
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A leading scholar of Congress and the Constitution analyzes Congress's surprisingly potent set of tools in the system of checks and balances. Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-�-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.

The Judicial Branch Of State Government

Author: Sean O. Hogan
Publisher: ABC-CLIO
ISBN: 1851097511
Size: 34.16 MB
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Offers an introduction to the role of the stae courts, describes how they function, and explains the importance of the state level of the judiciary where nearly ninety-seven percent of all legal cases in the United States are settled.

When Courts And Congress Collide

Author: Charles Gardner Geyh
Publisher: University of Michigan Press
ISBN: 9780472024568
Size: 53.75 MB
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"This is quite simply the best study of judicial independence that I have ever read; it is erudite, historically aware, and politically astute." ---Malcolm M. Feeley, Claire Sanders Clements Dean's Professor, Boalt Hall School of Law, University of California at Berkeley "Professor Geyh has written a wise and timely book that is informed by the author's broad and deep experience working with the judicial and legislative branches, by the insights of law, history and political science, and by an appreciation of theory and common sense." ---Stephen B. Burbank, David Berger Professor for the Administration of Justice, University of Pennsylvania Law School With Congress threatening to "go nuclear" over judicial appointments, and lawmakers accusing judges of being "arrogant, out of control, and unaccountable," many pundits see a dim future for the autonomy of America's courts. But do we really understand the balance between judicial independence and Congress's desire to limit judicial reach? Charles Geyh's When Courts and Congress Collide is the most sweeping study of this question to date, and an unprecedented analysis of the relationship between Congress and our federal courts. Efforts to check the power of the courts have come and gone throughout American history, from the Jeffersonian Congress's struggle to undo the work of the Federalists, to FDR's campaign to pack the Supreme Court, to the epic Senate battles over the Bork and Thomas nominations. If legislators were solely concerned with curbing the courts, Geyh suggests, they would use direct means, such as impeaching uncooperative judges, gerrymandering their jurisdictions, stripping the bench's oversight powers, or slashing judicial budgets. Yet, while Congress has long been willing to influence judicial decision-making indirectly by blocking the appointments of ideologically unacceptable nominees, it has, with only rare exceptions, resisted employing more direct methods of control. When Courts and Congress Collide is the first work to demonstrate that this balance is governed by a "dynamic equilibrium": a constant give-and-take between Congress's desire to control the judiciary and its respect for historical norms of judicial independence. It is this dynamic equilibrium, Geyh says, rather than what the Supreme Court or the Constitution says about the separation of powers, that defines the limits of the judiciary's independence. When Courts and Congress Collide is a groundbreaking work, requiring all of us to consider whether we are on the verge of radically disrupting our historic balance of governance. Charles Gardner Geyh is Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington. He has served as director of the American Judicature Society's Center for Judicial Independence, reporter to the American Bar Association Commission on Separation of Powers and Judicial Independence, and counsel to the Judiciary Committee of the U.S. House of Representatives.