Author: Kevin J. McMahon
Publisher: University of Chicago Press
Release Date: 2011-09-19
Genre: Political Science
Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.
Author: Christopher P. Banks
Publisher: Rowman & Littlefield
Release Date: 2012
Constitutional 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. 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
Author: Neal Devins
Publisher: Oxford University Press
Release Date: 2019-01-07
Genre: Political Science
Are Supreme Court justices swayed by the political environment that surrounds them? Most people think "yes," and they point to the influence of the general public and the other branches of government on the Court. It is not that simple, however. As the eminent law and politics scholars Neal Devins and Lawrence Baum show in The Company They Keep, justices today are reacting far more to subtle social forces in their own elite legal world than to pressure from the other branches of government or mass public opinion. In particular, the authors draw from social psychology research to show why Justices are apt to follow the lead of the elite social networks that they are a part of. The evidence is strong: Justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and professional elites. In an era of strong partisan polarization, elite social networks are largely bifurcated by partisan and ideological loyalties, and the Justices reflect that division. The result is a Court in which the Justices' ideological stances reflect the dominant views in the appointing president's party. Justices such as Clarence Thomas and Ruth Bader Ginsburg live largely in a milieu populated by like-minded elites. Today's partisanship on the Court also stems from the emergence of conservative legal networks such as the Federalist Society, that reinforce the conservative leanings of Republican appointees. For the Warren and Burger Courts, elite social networks were dominated by liberal elites and not divided by political party or ideology. A fascinating examination of the factors that shape decision-making, The Company They Keep will reshape our understanding of how political polarization occurs on the contemporary Supreme Court.
Author: Mark C. Miller
Publisher: Hachette UK
Release Date: 2014-07-15
Genre: Political Science
Judicial Politics in the United States examines the role of courts as policymaking institution, and their interactions with the other branches of government and other political actors in the American political system, helping students understand how and why courts are such important legal and political institutions in the United States. Not only does this book cover the nuts and bolts of our judicial system, from the functions, structures and processes of courts to the details of the legal profession, it goes well beyond other judicial process books by examining how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to how the courts interact with interest groups, the media, and general public opinion, and a chapter examining how U.S. courts and the judges who serve on those courts interact with other judiciaries around the world, exposing students to issues beyond our borders. Judicial Politics in the United States balances coverage on the courts and judicial processes with discussions of broader issues of the courts' interactions with our larger political universe and with courts abroad, making it the quintessential text for all students of judicial processes and politics.
Author: Steven Levitsky
Release Date: 2018-05-29
Genre: Political Science
Ausgezeichnet mit dem NDR Kultur Sachbuchpreis 2018 als bestes Sachbuch des Jahres Demokratien sterben mit einem Knall oder mit einem Wimmern. Der Knall, also das oft gewaltsame Ende einer Demokratie durch einen Putsch, einen Krieg oder eine Revolution, ist spektakulärer. Doch das Dahinsiechen einer Demokratie, das Sterben mit einem Wimmern, ist alltäglicher – und gefährlicher, weil die Bürger meist erst aufwachen, wenn es zu spät ist. Mit Blick auf die USA, Lateinamerika und Europa zeigen die beiden Politologen Steven Levitsky und Daniel Ziblatt, woran wir erkennen, dass demokratische Institutionen und Prozesse ausgehöhlt werden. Und sie sagen, an welchen Punkten wir eingreifen können, um diese Entwicklung zu stoppen. Denn mit gezielter Gegenwehr lässt sich die Demokratie retten – auch vom Sterbebett.
Author: Adam Fairclough
Release Date: 2002-06-25
From the end of postwar Reconstruction in the South to an analysis of the rise and fall of Black Power, acclaimed historian Adam Fairclough presents a straightforward synthesis of the century-long struggle of black Americans to achieve civil rights and equality in the United States. Beginning with Ida B. Wells and the campaign against lynching in the 1890s, Fairclough chronicles the tradition of protest that led to the formation of the NAACP, Booker T. Washington and the strategy of accommodation, Marcus Garvey and the push for black nationalism, through to Martin Luther King, Jr., and the Civil Rights Movement of the 1960s and beyond. Throughout, Fairclough presents a judicious interpretation of historical events that balances the achievements of the Civil Rights Movement against the persistence of racial and economic inequalities.