The Judicial Power of the United States

Author: John V. Orth
Publisher: Oxford University Press
ISBN: 0195364856
Release Date: 1987-01-22
Genre: Law

Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts. The first amendment adopted after the Bill of Rights, the Eleventh Amendment limits the exercise of U.S. judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction; by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction. Here, Orth reconstructs the fascinating but obscure history of the Eleventh Amendment--the labyrinth of legal doctrine, the economic motives and consequences, the political context, and the legacy of the past--over the last two centuries. Using quotes from Wordsworth, Shaw, Mark Twain, Margaret Mitchell, and other writers to clarify and invigorate his narrative, Orth finally makes accessible an important but complex slice of constitutional history.

The Conflict Over Judicial Powers in the United States to 1870

Author: Charles Grove Haines
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584770800
Release Date: 1909
Genre: History

Haines, Charles Grove. The Conflict over Judicial Powers in the United States to 1870. New York: Columbia University Press, 1909. 180 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 99-088241. ISBN 1-58477-080-5. Cloth. $60. * From the Columbia University series Studies in History, Economics and Public Law, Volume XXXV, Number 1, Whole Number 92. Haines shows the gradual development of the increasing power and authority of the judiciary through this study of the conflicting opinions over the right of the judiciary to nullify legislative acts. Includes discussion of resistance from the states, attitudes about the slavery controversy, and the effects of Jacksonian democracy on the power of the judiciary.

The Judicial Power of the Purse

Author: Nancy Staudt
Publisher: University of Chicago Press
ISBN: 9780226771144
Release Date: 2011-05-01
Genre: Law

Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

The United States of America

Author: James Brown Scott
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584771715
Release Date: 2002
Genre: History

Scott, James Brown. The United States of America: A Study in International Organization. New York: Oxford University Press, 1920. xix, 605 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 00-067016. ISBN 1-58477-171-2. Cloth. $120. * With an extensive appendix of source readings. Scott [1866-1943] presents a detailed and comprehensively documented history of the American Constitution from its roots in the Mayflower Compact and other colonial associations through the Eighteenth Amendment. It can be read in this regard as a survey history. His study is especially interesting, however, as a political document written to address the effects of the First World War. Scott wrote this book for a European audience, hoping that his analysis of the Constitution would influence the creation of an international organization of states governed by a "Court of Nations" modeled on the American Supreme Court. As such, he emphasizes the Constitution's role as an agent of peace and cooperation among different political units. Scott's ideas were later reflected in the establishment of the International Court of Justice, the League of Nations and the United Nations.

Democracy in America

Author: Alexis de Tocqueville
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584772491
Release Date: 2003-01-01
Genre: History

Tocqueville, Alexis de. Democracy in America. Translated by Henry Reeve, Esq. With an Original Preface and Notes by John C. Spencer. New York: Adlard and Saunders, 1838. xxx, 464 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002025957. ISBN 1-58477-249-2. Cloth. $85. * Reprint of the first English-language edition. In 1831, Alexis de Tocqueville [1805-1859] and Gustave de Beaumont [fl.1835] were sent to the United States by the French government to study American prisons, which were renowned for their progressive and humane methods. They were pleased to accept this assignment because they were intrigued by the idea of American democracy. Tocqueville and Beaumont spent nine months in the country, traveling as far west as Michigan and as far south as New Orleans. Throughout the tour, Tocqueville used his social connections to arrange meetings with several prominent and influential thinkers of the day. He recorded his thoughts on the structure of the government and the judicial system, and commented on everyday people and the nation's political culture and social institutions. His observations on slavery, in particular, are impassioned and critical. These notes formed the basis of Democracy in America. This landmark work initiated a dialogue about the nature of democracy and the United States and its people that continues to this day.

War Powers Under the Constitution of the United States

Author: William Whiting
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584770558
Release Date: 1864
Genre: Law

Whiting, William. War Powers under the Constitution of the United States. Military Arrests, Reconstruction & Military Government. Also, Now First Published, War Claims of Aliens with Notes on the Acts of the Executives & Legislative Departments During Our Civil War & a Collection of Cases Decided in the National Courts. 1864. Tenth edition. Boston: Little, Brown, and Company, 1864. xvii, 342 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 99-049360. ISBN 1-58477-055-4. Cloth. $80. * Whiting's writings are widely believed to have profoundly affected President Lincoln's war actions. In Whiting's legal theories regarding war powers and the abolition of slavery espoused here Lincoln found justification for the Emancipation Proclamation, and the constitutional authority to abolish slavery. Simply stated, Whiting held that the abolition of slavery is constitutionally appropriate when viewed not as the objective end of the war, but as a means to end the rebellion in order to save the republic. His writing style was geared to the average reader, and this popular style, along with the tremendous influence of his writings led to the work going through 43 editions in less than a decade. This, the tenth edition is based on his earlier work, The War Powers of the President and the Legislative Powers of Congress, in Relation to Rebellion, Treason and Slavery (1862) which is thought to have been the work that originally brought Whiting to Lincoln's attention and led to his appointment as Solicitor of the War Department. This edition includes various unpublished sensitive documents that he handled in the course of that position.

Packing the Court

Author: James Macgregor Burns
Publisher: Penguin
ISBN: 9781101081907
Release Date: 2009-06-25
Genre: Political Science

From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

The Global Expansion of Judicial Power

Author: C Neal Tate
Publisher: NYU Press
ISBN: 9780814782279
Release Date: 1997-06-01
Genre: Law

Not only a highly significant contribution to the debate about masculinity, this outstanding volume breaks new ground in psychological theorizing generally. Tatham's passionate and disciplined text will set the agenda for the 1990's. -Andrew Samuels, author of The Father Tatham combines innovative psychological insight with the imaginative language of a poet. -Dr. Mario Jacoby, Ph. D., C. J. Jung Institute, Zurich In the Makings of Maleness, Jungian analyst Peter Tatham argues that the time for the hero as a model for maleness is past, and suggests that many of the difficulties between men and women, as well as the patriarchal slant of our culture, result from an over reliance upon the heroic as an archetypal stance that underlies consciousness. What maleness needs today is not merely to be more aware of its female counterpart, but to develop a different understanding of its own male nature. As a model more in keeping with the epoch and its needs, Tatham puts forward this archetypal image in the person and story of Daedalus, the master-craftsman of Greek mythology. Peter Tatham, by overturning various stereotypical positions, frees the reader to examine the notion that there can exist many different kinds of maleness.