Political Foundations Of Judicial Supremacy

Political Foundations of Judicial Supremacy
Publisher Princeton University Press
Release Date
Category Law
Total Pages 320
ISBN 9781400827756
Rating 4/5 from 21 reviews
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Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.

Political Foundations of Judicial Supremacy
  • Author : Keith E. Whittington
  • Publisher : Princeton University Press
  • Release Date : 2009-03-09

Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics.

GET BOOK
The Oxford Handbook of Law and Politics
  • Author : Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira
  • Publisher : OUP Oxford
  • Release Date : 2010-06-10

The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive

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The Madisonian Constitution
  • Author : George Thomas
  • Publisher : JHU Press
  • Release Date : 2008-06-18

Today, we think of constitutional questions as being settled by the Supreme Court.But that is not always the case, nor is it what the framers intended in constructing the three-branch federal government. This volume examines four crucial moments in the United States' political history -- the Civil War and

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Judicial Review and Constitutional Politics
  • Author : Keith E. Whittington
  • Publisher : Unknown
  • Release Date : 2015

Origins of judicial review in the United States -- Early judicial review -- Slavery and war -- The administrative state and a national economy -- A rights revolution -- Judicial oscillation

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Repugnant Laws
  • Author : Keith E. Whittington
  • Publisher : Constitutional Thinking
  • Release Date : 2019

When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court's routine work of judicial review is increasingly viewed through a political lens, decried by

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Speak Freely
  • Author : Keith E. Whittington
  • Publisher : Princeton University Press
  • Release Date : 2019-02-26

Why colleges and universities live or die by free speech Free speech is under attack at colleges and universities today, as critics on and off campus challenge the value of freewheeling debate. In Speak Freely, Keith Whittington argues that universities must protect and encourage vigorous free speech because it goes

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Constitutional Construction
  • Author : Keith E. Whittington
  • Publisher : Harvard University Press
  • Release Date : 2009-06

This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the

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Judges and Unjust Laws
  • Author : Douglas E Edlin
  • Publisher : University of Michigan Press
  • Release Date : 2010-07-22

Are judges legally obligated to enforce an unjust law?

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The Sovereignty of Law
  • Author : T.R.S. Allan
  • Publisher : Oxford University Press
  • Release Date : 2013-07-18

The Sovereignty of Law presents Trevor Allan's most recent and fully elaborated defence of common law constitutionalism - an account of the unwritten or non-codified constitution as a complex articulation of legal and moral principles, defining what in the British context are the requirements of the rule of law. The

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The Supreme Court and Constitutional Democracy
  • Author : John Agresto
  • Publisher : Cornell University Press
  • Release Date : 2016-10-15

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

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Law and Politics
  • Author : Keith E. Whittington
  • Publisher : Unknown
  • Release Date : 2012-11-29

Law and politics are deeply intertwined. Law is an essential tool of government action, an instrument with which government tries to influence society. Law is also the means by which government itself is structured, regulated, and controlled. It is no surprise, then, that law is an important prize in the

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The Political Constitution
  • Author : Greg Weiner
  • Publisher : Unknown
  • Release Date : 2019

The Political Constitution is a constitutionally conservative broadside against the theory of "judicial engagement" now popular on the legal right. It makes a classical case in the mode of Aristotle and Burke for checking the judiciary to make space for political life.

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The Constitution in Conflict
  • Author : Robert A. Burt,Alexander M Bickel Professor of Law Robert A Burt
  • Publisher : Harvard University Press
  • Release Date : 1992

Lincoln was not alone in believing that the Constitution could be interpreted by any of the three branches of the government. Today, however, the Supreme Court's role as the ultimate arbiter of constitutional matters is widely accepted. But as Robert Burt shows in his provocative new book, this was not

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Rethinking Presidential Constructions of Constitutional Regimes
  • Author : Anonim
  • Publisher : Stanford University
  • Release Date : 2011

ABSTRACT This dissertation assesses the design and incentive structures that link the presidency to constitutional maintenance and renewal when extraordinary times occur, and posits that institutional power and historical context were priced into the presidency since its creation. This finding has robust implications for understanding the presidency's role in constitutional

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The People Themselves
  • Author : Larry D. Kramer,Larry Kramer
  • Publisher : Oxford University Press, USA
  • Release Date : 2004

In this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and created a very different system--and held a very different understanding of citizenship--than Americans believe to be the norm today. "Popular sovereignty" was not just some historical

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