first among equals the supreme court in american life

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First Among Equals

Author : Kenneth W. Starr
ISBN : 9780446554169
Genre : Law
File Size : 85. 63 MB
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Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In FIRST AMONG EQUALS Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. * On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. * On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. * On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, FIRST AMONG EQUALS sheds new light on the most frequently misunderstood legal pillar of American life.

The Supreme Court And Religion In American Life Vol 2

Author : James Hitchcock
ISBN : 1400826268
Genre : Law
File Size : 58. 70 MB
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School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the second of two volumes by historian and legal scholar James Hitchcock, offers a complete analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. In Volume I: The Odyssey of the Religion Clauses (Princeton), Hitchcock provides the first comprehensive survey of the court cases involving the Religion Clauses, including a number that scholars have ignored. Here, Hitchcock examines how, in the early history of our country, a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority. Despite the Founding Fathers' ideas, the American polity evolved on the assumption that religion was necessary to a healthy society, and cooperation between religion and government was assumed. This view was seldom questioned until the 1940s, notes Hitchcock. Then, with the beginning of the New Deal and the appointment of justices who believed they had the freedom to apply the Constitution in new ways, the judicial climate changed. Hitchcock reveals the personal histories of these justices and describes how the nucleus of the Court after World War II was composed of men who were alienated from their own faiths and who looked at religious belief as irrational, divisive, and potentially dangerous, assumptions that became enshrined in the modern jurisprudence of the Religion Clauses. He goes on to offer a fascinating look at how the modern Court continues to grapple with the question of whether traditional religious liberty is to be upheld.

The Supreme Court And Religion In American Life Vol 1

Author : James Hitchcock
ISBN : 140082625X
Genre : Law
File Size : 29. 13 MB
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School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the first of two volumes by historian and legal scholar James Hitchcock, provides the first comprehensive exploration of the Supreme Court's approach to religion, offering a close look at every case, including some that scholars have ignored. Hitchcock traces the history of the way the Court has rendered important decisions involving religious liberty. Prior to World War II it issued relatively few decisions interpreting the Religious Clauses of the Constitution. Nonetheless, it addressed some very important ideas, including the 1819 Dartmouth College case, which protected private religious education from state control, and the Mormon polygamy cases, which established the principle that religious liberty was restricted by the perceived good of society. It was not until the 1940s that a revolutionary change occurred in the way the Supreme Court viewed religion. During that era, the Court steadily expanded the scope of religious liberty to include many things that were probably not intended by the framers of the Constitution, and it narrowed the permissible scope of religion in public life, barring most kinds of public aid to religious schools and forbidding almost all forms of religious expression in the public schools. This book, along with its companion volume, From "Higher Law" to "Sectarian Scruples," offers a fresh analysis of the Court's most important decisions in constitutional doctrine. Sweeping in range, it paints a detailed picture of the changing relationship between religion and the state in American history.

Jewish Justices Of The Supreme Court

Author : David G. Dalin
ISBN : 9781512600148
Genre : Social Science
File Size : 70. 48 MB
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Jewish Justices of the Supreme Court examines the lives, legal careers, and legacies of the eight Jews who have served or who currently serve as justices of the U.S. Supreme Court: Louis D. Brandeis, Benjamin Cardozo, Felix Frankfurter, Arthur Goldberg, Abe Fortas, Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan. David Dalin discusses the relationship that these Jewish justices have had with the presidents who appointed them, and given the judges' Jewish background, investigates the antisemitism some of the justices encountered in their ascent within the legal profession before their appointment, as well as the role that antisemitism played in the attendant political debates and Senate confirmation battles. Other topics and themes include the changing role of Jews within the American legal profession and the views and judicial opinions of each of the justices on freedom of speech, freedom of religion, the death penalty, the right to privacy, gender equality, and the rights of criminal defendants, among other issues.

Church State Cooperation Without Domination

Author : C. Truett Baker
ISBN : 9781453504451
Genre : Political Science
File Size : 86. 68 MB
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Church-State Cooperation Without Domination os a historical review highlighting the antecedents leading up to present day church-state relations in the United States. Successful models of cooperation between government and faith-based agencies are described with the final chapter suggesting a new model for church-state relations that protects religious freedom while preserving the principle of limited government involvement with religion. It isn't a question of if or should government and religion mix. They already do, but there is little consensus on how to balance separation and cooperation. This book addresses those issues.

Scalia Dissents

Author : Antonin Scalia
ISBN : 9781596987005
Genre : Law
File Size : 23. 75 MB
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Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissents contains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.

Religion In America

Author : Denis Lacorne
ISBN : 9780231526401
Genre : Religion
File Size : 46. 97 MB
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Denis Lacorne identifies two competing narratives defining the American identity. The first narrative, derived from the philosophy of the Enlightenment, is essentially secular. Associated with the Founding Fathers and reflected in the Declaration of Independence, the Constitution, and the Federalist Papers, this line of reasoning is predicated on separating religion from politics to preserve political freedom from an overpowering church. Prominent thinkers such as Voltaire, Thomas Paine, and Jean-Nicolas Démeunier, who viewed the American project as a radical attempt to create a new regime free from religion and the weight of ancient history, embraced this American effort to establish a genuine “wall of separation” between church and state. The second narrative is based on the premise that religion is a fundamental part of the American identity and emphasizes the importance of the original settlement of America by New England Puritans. This alternative vision was elaborated by Whig politicians and Romantic historians in the first half of the nineteenth century. It is still shared by modern political scientists such as Samuel Huntington. These thinkers insist America possesses a core, stable “Creed” mixing Protestant and republican values. Lacorne outlines the role of religion in the making of these narratives and examines, against this backdrop, how key historians, philosophers, novelists, and intellectuals situate religion in American politics.

Business Week

Author :
ISBN : UCSC:32106011313290
Genre : Business
File Size : 48. 14 MB
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California Lawyer

Author :
ISBN : STANFORD:36105063883172
Genre : Bar associations
File Size : 41. 95 MB
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Observations Of White Noise

Author : Marc M. Harrold
ISBN : 9780595372485
Genre : Law
File Size : 49. 34 MB
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Observations of White Noise An Acid Test for the First Amendment examines the current state of the First Amendment, its scope and design, and its place in popular culture. Lawyer Marc M. Harrold candidly examines both mainstream and cutting-edge topics, including an overview of the First Amendment and its unique character in comparison with the other Amendments that comprise the Bill of Rights. In engaging fashion, he reveals the illogical reasoning behind the Supreme Court's sex-only obscenity doctrine and the over-expansive insertion of the First Amendment into tort suits between private parties where the government is not directly involved. Advance Praise for Observations of White Noise- "Observations of White Noise is a clear and provocative interpretation of the present state of First Amendment law as it impacts our ever-evolving culture. Marc Harrold powerfully trumpets the importance of free speech and representative government in a democratic society. Professor Harrold offers deep insights by integrating critical analysis and perspective on how judicial interpretations of our beloved First Amendment shape our nation and its culture." -Hon. Kenneth W. Starr, Dean and Professor of Law, Pepperdine School of Law. Former Judge of the U.S. Court of Appeals, Solicitor General of the United States, Independent Counsel on the Whitewater matter, and author of FIRST AMONG EQUALS: THE SUPREME COURT IN AMERICAN LIFE. "A timely and thoughtful exploration of the newest generation of challenges to our ongoing American debate over the meaning of the First Amendment, gracefully intertwining 'breaking news' with discussion of classic First Amendment conundrums." Rodney A. Smolla, Dean and Professor of Law, University of Richmond School of Law and author: DELIBERATE INTENT, JERRY FALWELL V. LARRY FLYNT: THE FIRST AMENDMENT ON TRIAL, and FREE SPEECH IN AN OPEN SOCIETY..

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