Decision Making by the Modern Supreme Court by Richard L. Pacelle; Brett W. Curry; Bryan W. MarshallThere 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.
FDR v. the Constitution : the court-packing fight and the triumph of democracy by Burt SolomonThe fascinating, behind-the-scenes story of Franklin Roosevelt's attempt to pack the Supreme Court has special resonance today as we debate the limits of presidential authority. The Supreme Court has generated many dramatic stories, none more so than the one that began on February 5, 1937. Franklin Delano Roosevelt, confident in his recent landslide reelection and frustrated by a Court that had overturned much of his New Deal legislation, stunned Congress and the American people with his announced intention to add six new justices. Even though the now-famous "court packing" scheme divided his own party, almost everyone assumed FDR would get his way and reverse the Court's conservative stance and long-standing laissez-faire support of corporate America, so persuasive and powerful had he become. I n the end, however, a Supreme Court justice, Owen Roberts, who cast off precedent in the interests of principle, and a Democratic senator from Montana, Burton K. Wheeler, led an effort that turned an apparently unstoppable proposal into a humiliating rejection--and preserved the Constitution. FDR v. Constitution is the colorful story behind 168 days that riveted--and reshaped--the nation. Burt Solomon skillfully recounts the major New Deal initiatives of FDR's first term and the rulings that overturned them, chronicling as well the politics and personalities on the Supreme Court--from the brilliant octogenarian Louis Brandeis, to the politically minded chief justice, Charles Evans Hughes, to the mercurial Roberts, whose "switch in time saved nine." T he ebb and flow of one of the momentous set pieces in American history placed the inner workings of the nation's capital on full view as the three branches of our government squared off. Ironically for FDR, the Court that emerged from this struggle shifted on its own to a liberal attitude, where it would largely remain for another seven decades. Placing the greatest miscalculation of FDR's career in context past and present, Solomon offers a reminder of the perennial temptation toward an imperial presidency that the founders had always feared.
Friends of the Supreme Court : interest groups and judicial decision making by Paul M. CollinsThe U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.
The great decision : Jefferson, Adams, Marshall, and the battle for the Supreme Court by Cliff Sloan; David McKeanIn 1800, the United States teetered on the brink of a second revolution. The presidential election between Adams and Jefferson was a bitterly contested tie, and the government neared collapse. The Supreme Court had no clear purpose or powerno one had even thought to build it a courtroom in the new capital city. When Adams sought to prolong his policies in defiance of the electorate by packing the courts, the fine words of the new Constitution could do nothing to stop him. It would take a man to make those words good, and America found him in John Marshall. The Great Decision tells the riveting story of Marshall and of the landmark court case, Marbury v. Madison, through which he empowered the Supreme Court and transformed the idea of the separation of powers into a working blueprint for our modern state. Rich in atmospheric detail, political intrigue, and fascinating characters, The Great Decision is an illuminating tale of America’s formative years and of the evolution of our democracy.
I dissent : great opposing opinions in landmark Supreme Court cases by Mark Tushnet (Editor)For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.
In chambers : stories of Supreme Court law clerks and their Justices by Todd C. Peppers (Editor); Artemus Ward (Editor)Written by former law clerks, legal scholars, biographers, historians, and political scientists, the essays in In Chambers tell the fascinating story of clerking at the Supreme Court. In addition to reflecting the personal experiences of the law clerks with their justices, the essays reveal how clerks are chosen, what tasks are assigned to them, and how the institution of clerking has evolved over time, from the first clerks in the late 1800s to the clerks of Justice Ruth Bader Ginsburg and Chief Justice William Rehnquist. In Chambers offers a variety of perspectives on the unique experience of Supreme Court clerks. Former law clerks--including Alan M. Dershowitz, Charles A. Reich, and J. Harvie Wilkinson III--write about their own clerkships, painting vivid and detailed pictures of their relationships with the justices, while other authors write about the various clerkships for a single justice, putting a justice's practice into a broader context. The book also includes essays about the first African American and first woman to hold clerkships. Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.
Making sense of the constitution : a primer on the Supreme Court and its struggle to apply our fundamental law by Walter M. Frank In Making Sense of the Constitution: A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law, Walter Frank tackles in a comprehensive but lively manner subjects rarely treated in one volume. Aiming at both the general reader and students of political science, law, or history, Frank begins with a brief discussion of the nature of constitutional law and why the Court divides so closely on many issues. He then proceeds to an analysis of the Constitution and subsequent amendments, placing them in their historical context. Next, Frank shifts to the Supreme Court and its decisions, examining, among other things, doctrinal developments, the Court's decision making processes, how justices interact with each other, and the debate over how the Constitution should be interpreted. The work concludes with a close analysis of Court decisions in six major areas of continuing controversy, including abortion, affirmative action, and campaign finance. Outstanding by the University Press Books for Public and Secondary Schools
Methods of interpretation : how the Supreme Court reads the Constitution by Lackland H. Bloom; Lackland H. Bloom; Lackland H. Bloom JrMethods of Interpretation: How the Supreme Court Reads the Constitution examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the United States Constitution. Rather than attempting to set forth an overall theory ofconstitutional interpretation or plunge into the never ending scholarly debate over interpretative theory, Lackland H. Bloom Jr. focuses exclusively on what the Court and individual justices have done and said about constitutional interpretation in the course of deciding constitutional cases. Heidentifies many of the best, and a few of the worst, examples of particular interpretative methodologies, as well as the best examples of explicit discussions of constitutional interpretation by the Court and individual justices. Professor Bloom pays particular focus on the Supreme Court'sapproaches to constitutional interpretation since it is the Court that sets the standards. Although commentators may have the final word on what constitutional interpretation should be, he argues that the Court essentially has the final word on what it actually is.
The Nature of Supreme Court Power by Matthew E. K. HallFew institutions in the world are credited with initiating and confounding political change on the scale of the United States Supreme Court. The Court is uniquely positioned to enhance or inhibit political reform, enshrine or dismantle social inequalities, and expand or suppress individual rights. Yet despite claims of victory from judicial activists and complaints of undemocratic lawmaking from the Court's critics, numerous studies of the Court assert that it wields little real power. This book examines the nature of Supreme Court power by identifying conditions under which the Court is successful at altering the behavior of state and private actors. Employing a series of longitudinal studies that use quantitative measures of behavior outcomes across a wide range of issue areas, it develops and supports a new theory of Supreme Court power.
Strategy on the United States Supreme Court by Saul Brenner; Joseph M. WhitmeyerTo what extent do the justices on the Supreme Court behave strategically? In Strategy on the United States Supreme Court, Saul Brenner and Joseph M. Whitmeyer investigate the answers to this question and reveal that justices are substantially less strategic than many Supreme Court scholars believe. By examining the research to date on each of the justice's important activities, Brenner and Whitmeyer's work shows that the justices often do not cast their certiorari votes in accord with the outcome-prediction strategy, that the other members of the conference coalition bargain successfully with the majority opinion writer in less than 6 percent of the situations, and that most of the fluidity in voting on the Court is nonstrategic. This work is essential to understanding how strategic behavior - or its absence - influences the decisions of the Supreme Court and, as a result, American politics and society.
The Supreme Court by Robert W. LangranThis essential historical overview begins by noting that the Supreme Court is #65533;arguably the least known and understood of the three branches of government#65533;. Robert W. Langran's innovative approach will do much to provide students with a good understanding of the changing role and accomplishments of the Court from its inception to its latest decisions. This book discusses the most important decisions of the Court in chronological rather than topical order, illustrating how the cases fit into an historical timeframe as well as what roles the most influential justices played. In an easy, conversational style, Robert W. Langran discusses how the Court was formed, how justices are selected, how the Court selects its cases, and the broad shifts of the Court with regard to doctrine and attention to the popular and governmental interests of each period. Students gain important insights into why each Court voted the way it did and how those decisions influenced the votes of future Courts. The Supreme Court, an excellent supplementary text for undergraduate classes in American government and American history, as well as introductory classes in political science, contains useful appendixes listing all justices and all cases discussed.
The Supreme Court and Mccarthy-Era Repression by Robert M. LichtmanThe 1950s "Red Scare" marks one of the stormiest periods in U.S. Supreme Court history. Robert M. Lichtman provides the definitive history of the high court's decisions in every one of the "Communist" cases it decided, placing each within the context of the time and revealing the broad range and impact of McCarthy-era repression. Making extensive use of the justices' papers, Lichtman examines the dynamics of the Court's changes in direction, from the Vinson Court's rubber-stamping of government action against subversives to the Warren Court's more liberal rulings and the subsequent retreat led by Felix Frankfurter. Lichtman's account details the Court's surprising vulnerability to popular and political attack and reveals the behind-the-scenes relationships and rivalries among justices. At the same time, he recounts in devastating detail the injuries inflicted by McCarthyism on individuals and the nation.
The Supreme Court and the American Elite, 1789-2008 by Lucas A. Powe“The Supreme Court follows the election returns,” the fictional Mr. Dooley observed a hundred years ago. And for all our ideals and dreams of a disinterested judiciary, above the political fray, it seems Mr. Dooley was right. In this engaging-and disturbing-book, a leading historian of the Court reveals the close fit between its decisions and the nation’s politics. The story begins with the creation of the Constitution and ends with the June 2008 decisions on the rights of detainees at Guant namo Bay. Rendering crisp (and often controversial) judgments on key decisions from Marbury v. Madison to the War on Terror, Lucas Powe shows how virtually every major Supreme Court ruling, however deftly framed in constitutional terms, suited the wishes of the most powerful politicians of the time. This history reflects a changing Court, from the country’s early struggles over commerce and transportation to the torturous justifications of slavery before the Civil War, to a post–New Deal interest in ending segregation, controlling criminal procedure, and addressing knotty questions arising from the Cold War. Through all of this the Court emerges as part of a ruling regime, doing its best to implement the regime’s policies. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.
The Supreme Court and the Idea of Constitutionalism by Steven Kautz (Editor); Arthur Melzer (Editor); Jerry Weinberger (Editor); M. Richard Zinman (Editor)From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of--and the persistent tensions between--constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.
The Supreme Court Compendium by Lee Epstein; Jeffrey A. Segal; Thomas G. Walker; Harold J. SpaethThe Supreme Court Compendiumis the only reference that presents historical and statistical information on every important aspect of the U.S. Supreme Court, including its history, development as an institution, the justices′ backgrounds, nominations and confirmations, and the Court′s relationship with the public and other governmental and judicial bodies. Readers will also find: - an institutional overview of the Court′s history, including a chronology of important events dating back to 1787 - detailed background information on all of the justices
The U. S. Supreme Court and New Federalism by Christopher P. Banks; John C. BlakemanConstitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. Using descriptive and empirical methods in political science and legal scholarship, and informed by diverse approaches to judicial ideology, from historical to new institutionalist, they investigate how the U.S. Supreme Court rulings have shaped the political principle of federalism. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation. In addition, they analyze areas of federalism not normally studied by scholars such as religious liberty and foreign affairs.
The will of the people : how public opinion has influenced the Supreme Court and shaped the meaning of the Constitution by Barry FriedmanIn recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate-even undemocratic-about judicial authority.In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion.Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court-from the Declaration of Independence to the end of the Rehnquist court in 2005-details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.