Author: Lucas A. Powe, Jr.
Publisher: Harvard University Press
In this engaging - and disturbing - book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics. 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.
Author: L. A. Scot Powe
Publisher: Belknap Press
In learned and lively narrative, Powe discusses over 200 significant rulings of the Supreme Court under Chief Justice Earl Warren, especially the explosive "Brown" decision, which fundamentally challenged the Southern way of life. 13 halftones.
The Rehnquist Court and the Future of Constitutional Law
Author: Mark V. Tushnet
Publisher: W. W. Norton & Company
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.
The Court Cases and the Commentary
Author: E.J. Dionne,William Kristol
Publisher: Brookings Institution Press
Category: Political Science
On December 12, 2000, a controversial decision by the Supreme Court of the United States effectively ended the disputed presidential contest between George W. Bush and Albert Gore Jr. with a 5-4 ruling that revealed the court to be as bitterly divided as the electorate. Four days earlier, the Florida Supreme Court had abruptly changed the dynamics of the election by reversing a lower court and ordering hand recounts of "undervotes" statewide. The U.S. Supreme Court quickly stepped in to halt the recounts and agreed to hear Bush v. Gore. After brief oral arguments and a short period of deliberation, the high court reversed the state court decision. The justices in both cases were bitterly divided, and passionate language emerged in both the majority rulings and the dissents. The drama and divisiveness of this extraordinary saga come to life in the rulings, opinions, and dissents from these two cases: U.S. Supreme Court case 00-949 (Bush v. Gore) and Florida Supreme Court case 00-2431 (Gore v. Harris). The first section of this volume gathers the complete text of both rulings, along with selections from oral arguments in the U.S. Supreme Court case. The second section of the book gathers the most significant opinion pieces from journalists and scholars on both sides of the political fence. Selected and organized by political analysts E.J. Dionne and William Kristol, these articles illuminate the perspectives of both sides about the various twists and turns in the post-election campaign, and the landmark judicial intervention. A companion website will provide links to documents from additional legal proceedings and other related documents and writings. The legal and historical significance of the 2000 election will be studied and debated for years to come. This volume combines the most important source documents with the most intelligent opinion and analysis about the conflict and its controversial resolution.
Author: Mark Tushnet
Publisher: W. W. Norton & Company
An examination of the initial years of the Roberts Court and the intellectual battle between Roberts and Kagan for leadership. When John Roberts was appointed chief justice of the Supreme Court, he said he would act as an umpire. Instead, his Court is reshaping legal precedent through decisions unmistakably—though not always predictably—determined by politics as much as by law, on a Court almost perfectly politically divided. Harvard Law School professor and constitutional law expert Mark Tushnet clarifies the lines of conflict and what is at stake on the Supreme Court as it hangs “in the balance” between its conservatives and its liberals. Clear and deeply knowledgeable on both points of law and the Court’s key players, Tushnet offers a nuanced and surprising examination of the initial years of the Roberts Court. Covering the legal philosophies that have informed decisions on major cases such as the Affordable Care Act, the political structures behind Court appointments, and the face-off between John Roberts and Elena Kagan for intellectual dominance of the Court, In the Balance is a must-read for anyone looking for fresh insight into the Court’s impact on the everyday lives of Americans.
Author: Bernard Schwartz
Publisher: Oxford University Press
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.
Author: Lucas A. Powe Jr.,Anne Green Regents Chair in Law and Professor of Government Lucas A Powe Jr
Publisher: Oxford University Press, USA
Between 1964 and 1989, the US Supreme Court largely rewrote the constitutional law of the media. In doing so the Court protected virtually all materials from laws that penalized dissemination. But simultaneously the Court also approved some government policies that made access to information more difficult, causing Justice Potter Stewart to observe that the "Constitution is neither a Freedom of Information Act nor an Official Secrets Act." The media that existed during the twenty-five years of explosive legal change was relatively stable. Most Americans who wished to learn about news and public affairs received quite similar information. Over the last twenty-five years, and especially the last decade, cable, social media, and the internet combined to transform the media. The law that developed to deal with the old media is the law that now applies to the new media. Yet the underlying assumptions of that law, especially that citizens rationally consider various sides of a debate, may no longer hold. Media Law: A Very Short Introduction provides a description of the development and status of the law relating to all media -- newspapers, magazines, books, broadcasting, the Internet -- in the United States and the United Kingdom. It deals with criticism of government, taxation, defamation, privacy, libel, access to people, data, and places, obscenity, blasphemy, and the various issues created by the Internet.
What Every American Needs to Know, Second Edition
Author: Andrew B. Arnold
Publisher: Georgetown University Press
This handy guide helps readers understand, quickly and in nontechnical language, the US Constitution. Want to learn about the separation of powers, the emoluments clause, why slaves in colonial America were considered 3/5 of a person, gerrymandering, or why Congressional pay raises are limited? Historian Andrew Arnold provides a simple, non-partisan, line-by-line commentary with concise explanations of the Constitution's meaning and history, offering little known facts and anecdotes about all twenty-seven amendments, and discusses key Supreme Court cases through the ages. For ease of use Arnold follows the actual numbering system of articles, sections, and clauses in the Constitution. The book includes two tables of contents--one brief and one detailed--as well as a bibliography and a short conclusion by Arnold on the enduring significance of the Constitution.
American Law and the New Global Realities
Author: Stephen Breyer
"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.
Andrew Jackson in the White House
Author: Jon Meacham
Publisher: Random House Incorporated
Category: Biography & Autobiography
Chronicles the life and career of Andrew Jackson, a self-made man who went on to become a military hero and seventh president of the United States, analyzing Jackson's seminal role during a turbulent era in history.
Author: Robert G. McCloskey
Publisher: University of Chicago Press
Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
Author: Robert G. McCloskey,Sanford Levinson
Publisher: University of Chicago Press
For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
Author: Ronald J. Mann
Publisher: Cambridge University Press
In this illuminating work, Ronald J. Mann offers readers a comprehensive study of bankruptcy cases in the Supreme Court of the United States. He provides detailed case studies based on the Justices' private papers on the most closely divided cases, statistical analysis of variation among the Justices in their votes for and against effective bankruptcy relief, and new information about the appearance in opinions of citations taken from party and amici briefs. By focusing on cases that have neither a clear answer under the statute nor important policy constraints, the book unveils the decision-making process of the Justices themselves - what they do when they are left to their own devices. It should be read by anyone interested not only in the jurisprudence of bankruptcy, but also in the inner workings of the Supreme Court.
Jefferson, Madison, and the Decline of Virginia
Author: Susan Dunn
Publisher: Basic Books
For decades, the Commonwealth of Virginia led the nation. The premier state in population, size, and wealth, it produced a galaxy of leaders: Washington, Jefferson, Madison, Monroe, Mason, Marshall. Four of the first five presidents were Virginians. And yet by the middle of the nineteenth century, Virginia had become a byword for slavery, provincialism, and poverty. What happened? In her remarkable book, Dominion of Memories, historian Susan Dunn reveals the little known story of the decline of the Old Dominion. While the North rapidly industrialized and democratized, Virginia's leaders turned their backs on the accelerating modern world. Spellbound by the myth of aristocratic, gracious plantation life, they waged an impossible battle against progress and time itself. In their last years, two of Virginia's greatest sons, Thomas Jefferson and James Madison, grappled vigorously with the Old Dominion's plight. But bound to the traditions of their native soil, they found themselves grievously torn by the competing claims of state and nation, slavery and equality, the agrarian vision and the promises of economic development and prosperity. This fresh and penetrating examination of Virginia's struggle to defend its sovereignty, traditions, and unique identity encapsulates, in the history of a single state, the struggle of an entire nation drifting inexorably toward Civil War.
The Unwritten Law and the Last Trial of Clarence Darrow
Author: Mike Farris
Publisher: Skyhorse Publishing, Inc.
Category: True Crime
Lies, murder, and a legendary courtroom battle threaten to tear apart the Territory of Hawaii. In September of 1931, Thalia Massie, a young naval lieutenant’s wife, claims to have been raped by five Hawaiian men in Honolulu. Following a hung jury in the rape trial, Thalia’s mother, socialite Grace Fortescue, and husband, along with two sailors, kidnap one of the accused in an attempt to coerce a confession. When they are caught after killing him and trying to dump his body in the ocean, Mrs. Fortescue’s society friends raise enough money to hire seventy-four-year-old Clarence Darrow out of retirement to defend the vigilante killers. The result is an epic courtroom battle between Darrow and the Territory of Hawaii’s top prosecutor, John C. Kelley, in a case that threatens to touch off a race war in Hawaii and results in one of the greatest miscarriages of justice in American history. Written in the style of a novel, but meticulously following the historical record, A Death in the Islands weaves a story of lies, deception, mental illness, racism, revenge, and murder—a series of events in the Territory of Hawaii that nearly tore apart the peaceful islands, reverberating from the tenements of Honolulu to the hallowed halls of Congress, and right into the Oval Office itself, and left a stain on the legacy of one of the greatest legal minds of all time.
Structures of Government
Author: Howard Gillman,Mark Graber,Keith E. Whittington
Publisher: Oxford University Press, USA
In American Constitutionalism, Second Edition, renowned authors Howard Gillman, Mark A. Graber, and Keith E. Whittington offer an innovative approach to the two-semester Constitutional Law sequence (Volume 1 covers Institutions and Volume II covers Rights and Liberties) that presents the material in a historical organization within each volume, as opposed to the typical issues-based organization. Looking at Supreme Court decisions historically provides an opportunity for instructors to teach--and students to reflect on--the political factions and climate of the day. The second edition has been streamlined and also features updated cases, analysis, illustrations, and figures. FEATURES Covers all important debates in U.S. constitutionalism, organized by historical era Clearly lays out the political and legal contexts in chapter introductions Integrates more documents and cases than any other text on the market, including decisions made by elected officials and state courts Offers numerous pedagogical features, including topical sections within each historical chapter, bulleted lists of major developments, explanatory headnotes for the readings, questions on court cases, illustrations and political cartoons, tables, and suggested readings Additional material previously available in the first edition is now located on the book's free, open-access Companion Website at www.oup.com/us/gillman
How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution
Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
In 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.
Author: L. A. Scot Powe
Publisher: Univ of California Press
Argues that broadcasting should be accorded the same first amendment rights as the print media, shows how regulation has led to abuse, and suggests a different approach for the future
America's 51 Constitutions and the Crisis of Governance
Author: Sanford Levinson
Publisher: Oxford University Press
In his widely acclaimed volume Our Undemocratic Constitution, Sanford Levinson boldly argued that our Constitution should not be treated with "sanctimonious reverence," but as a badly flawed document deserving revision. Now Levinson takes us deeper, asking what were the original assumptions underlying our institutions, and whether we accept those assumptions 225 years later. In Framed, Levinson challenges our belief that the most important features of our constitutions concern what rights they protect. Instead, he focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the President by the electoral college, or the dimensions of the President's veto power--not to mention the near impossibility of amending the United States Constitution. These seemingly "settled" and "hardwired" structures contribute to the now almost universally recognized "dysfunctionality" of American politics. Levinson argues that we should stop treating the United States Constitution as uniquely exemplifying the American constitutional tradition. We should be aware of the 50 state constitutions, often interestingly different--and perhaps better--than the national model. Many states have updated their constitutions by frequent amendment or by complete replacement via state constitutional conventions. California's ungovernable condition has prompted serious calls for a constitutional convention. This constant churn indicates that basic law often reaches the point where it fails and becomes obsolete. Given the experience of so many states, he writes, surely it is reasonable to believe that the U.S. Constitution merits its own updating. Whether we are concerned about making America more genuinely democratic or only about creating a system of government that can more effectively respond to contemporary challenges, we must confront the ways our constitutions, especially the United States Constitution, must be changed in fundamental ways.
Freedom of the Press in America
Author: Lucas A. Powe Jr.
Publisher: Univ of California Press
In 1964 the Supreme Court handed down a landmark decision in New York Times v. Sullivan guaranteeing constitutional protection for caustic criticism of public officials, thus forging the modern law of freedom of the press. Since then, the Court has decided case after case affecting the rights and restrictions of the press, yet little has ben written about these developments as they pertain to the Fourth Estate. Lucas Powe's essential book now fills this gap. Lucas A. Powe, Jr., a legal scholar specializing in media and the law, goes back to the framing of the First Amendment and chronicles the two main traditions of interpreting freedom of the press to illuminate the issues that today ignite controversy: How can a balance be achieved among reputation, uninhibited discussion, and media power? Under what circumstance can the government seek to protect national security by enjoining the press rather than attempting the difficult task of convincing a jury that publication was a criminal offense? What rights can the press properly claim to protect confidential sources or to demand access to information otherwise barred to the public? And, as the media grow larger and larger, can the government attempt to limit their power by limiting their size? Writing for the concerned layperson and student of both journalism and jurisprudence, Powe synthesizes law, history, and theory to explain and justify full protection of the editorial choices of the press. The Fourth Estate and the Constitution not only captures the sweep of history of Supreme Court decisions on the press, but also provides a timely restatement of the traditional view of freedom of the press at a time when liberty is increasingly called into question.