overruled the long war for control of the u s supreme court

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Overruled The Long War For Control Of The U S Supreme Court

Author : Damon Root
ISBN : 9781137474681
Genre : Political Science
File Size : 84. 28 MB
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Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today's blockbuster legal battles over gay rights, gun control, and health care reform. It's a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. Today's growing camp of libertarians, however, has no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.

The Health Care Case

Author : Nathaniel Persily
ISBN : 9780199354412
Genre : Political Science
File Size : 22. 58 MB
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The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. Like the legislative battle leading to adoption of "Obamacare", the litigation took many unexpected twists and turns, culminating in a surprising, fractured and confusing decision from the Supreme Court. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.

A History Of The Supreme Court

Author : Bernard Schwartz
ISBN : 0195093879
Genre : History
File Size : 85. 57 MB
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A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.

My Beloved World

Author : Sonia Sotomayor
ISBN : 9780307962164
Genre : Biography & Autobiography
File Size : 86. 9 MB
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The first Hispanic and third woman appointed to the United States Supreme Court, Sonia Sotomayor has become an instant American icon. Now, with a candor and intimacy never undertaken by a sitting Justice, she recounts her life from a Bronx housing project to the federal bench, a journey that offers an inspiring testament to her own extraordinary determination and the power of believing in oneself. Here is the story of a precarious childhood, with an alcoholic father (who would die when she was nine) and a devoted but overburdened mother, and of the refuge a little girl took from the turmoil at home with her passionately spirited paternal grandmother. But it was when she was diagnosed with juvenile diabetes that the precocious Sonia recognized she must ultimately depend on herself. She would learn to give herself the insulin shots she needed to survive and soon imagined a path to a different life. With only television characters for her professional role models, and little understanding of what was involved, she determined to become a lawyer, a dream that would sustain her on an unlikely course, from valedictorian of her high school class to the highest honors at Princeton, Yale Law School, the New York County District Attorney’s office, private practice, and appointment to the Federal District Court before the age of forty. Along the way we see how she was shaped by her invaluable mentors, a failed marriage, and the modern version of extended family she has created from cherished friends and their children. Through her still-astonished eyes, America’s infinite possibilities are envisioned anew in this warm and honest book, destined to become a classic of self-invention and self-discovery.

The War Against The Vets

Author : Jerome Tuccille
ISBN : 9781640120662
Genre : History
File Size : 79. 51 MB
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"Who Murdered the Vets?" writer Ernest Hemingway demanded in an impassioned article about the deaths of hundreds of former soldiers. Their fate came as part of the larger and often overlooked story of veterans of the Great War and their deplorable treatment by the government they once served. Three years earlier, under orders from President Herbert Hoover, General Douglas MacArthur led the U.S. military through the streets of the nation's capital against an encampment of veterans and their families. The vets were suffering the ravages of the Great Depression and seeking an early payment of promised war bonuses. Tanks, troops, and cavalry burned down tents and leveled campsites in a savage and lethal effort to disperse the protesters, resulting in the murder of several demonstrators. The administration of President Franklin D. Roosevelt subsequently shipped the vets to distant work camps in the Florida Keys, where they were housed in flimsy tent cities that fell prey to a hurricane of which the authorities had been given ample warning. It was in reaction to the hundreds of bodies left in the storm's wake that Hemingway penned his provocative words. The War Against the Vets is the first book about the Bonus Army to describe in detail the political battles that threatened to tear the country apart, as well as the scandalous treatment of the World War I vets.

The Declaration Of Independents

Author : Nick Gillespie
ISBN : 9781610392006
Genre : Political Science
File Size : 34. 95 MB
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Everywhere in America, the forces of digitization, innovation, and personalization are expanding our options and bettering the way we live. Everywhere, that is, except in our politics. There we are held hostage to an eighteenth century system, dominated by two political parties whose ever-more-polarized rhetorical positions mask a mutual interest in maintaining a stranglehold on power. The Declaration of Independents is a compelling and extremely entertaining manifesto on behalf of a system better suited to the future--one structured by the essential libertarian principles of free minds and free markets. Gillespie and Welch profile libertarian innovators, identify the villains propping up the ancien regime, and take aim at do-something government policies that hurt most of those they claim to protect. Their vision will resonate with a wide swath of frustrated citizens and young voters, born after the Cold War's end, to whom old tribal allegiances, prejudices, and hang-ups about everything from hearing a foreign language on the street to gay marriage to drug use simply do not make sense.

A Court Divided

Author : Mark V. Tushnet
ISBN : 0393058689
Genre : Law
File Size : 37. 86 MB
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In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

Six Amendments

Author : John Paul Stevens
ISBN : 9780316373746
Genre : Political Science
File Size : 87. 10 MB
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For the first time ever, a retired Supreme Court Justice offers a manifesto on how the Constitution needs to change. By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. SIX AMENDMENTS is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, SIX AMENDMENTS is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.

Fdr And Chief Justice Hughes

Author : James F. Simon
ISBN : 9781416578895
Genre : History
File Size : 52. 19 MB
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By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nation’s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century. The confrontation threatened the New Deal in the middle of the nation’s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, imposed industrial codes, rationed agricultural production, and employed a quarter million young men in the Civilian Conservation Corps. But the legislation faced constitutional challenges by a conservative bloc on the Court determined to undercut the president. Chief Justice Hughes often joined the Court’s conservatives to strike down major New Deal legislation. Frustrated, FDR proposed a Court-packing plan. His true purpose was to undermine the ability of the life-tenured Justices to thwart his popular mandate. Hughes proved more than a match for Roosevelt in the ensuing battle. In grudging admiration for Hughes, FDR said that the Chief Justice was the best politician in the country. Despite the defeat of his plan, Roosevelt never lost his confidence and, like Hughes, never ceded leadership. He outmaneuvered isolationist senators, many of whom had opposed his Court-packing plan, to expedite aid to Great Britain as the Allies hovered on the brink of defeat. He then led his country through World War II.

The Fourteenth Amendment And The Privileges And Immunities Of American Citizenship

Author : Kurt T. Lash
ISBN : 9781107023260
Genre : Law
File Size : 43. 5 MB
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This book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.

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