The Case Against the Supreme Court

Author: Erwin Chemerinsky

Publisher: Penguin Books

ISBN: 0143128000

Category: History

Page: 400

View: 536

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court's historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
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The Case Against the Supreme Court

Author: Erwin Chemerinsky

Publisher: Penguin

ISBN: 0698176316

Category: Political Science

Page: 400

View: 3360

A preeminent constitutional scholar offers a hard-hitting analysis of the Supreme Court over the last two hundred years Most Americans share the perception that the Supreme Court is objective, but Erwin Chemerinsky, one of the country’s leading constitutional lawyers, shows that this is nonsense and always has been. The Court is made up of fallible individuals who base decisions on their own biases. Today, the Roberts Court is promoting a conservative agenda under the guise of following a neutral methodology, but notorious decisions, such as Bush vs. Gore and Citizens United, are hardly recent exceptions. This devastating book details, case by case, how the Court has largely failed throughout American history at its most important tasks and at the most important times. Only someone of Chemerinsky’s stature and breadth of knowledge could take on this controversial topic. Powerfully arguing for term limits for justices and a reassessment of the institution as a whole, The Case Against the Supreme Court is a timely and important book that will be widely read and cited for decades to come. From the Hardcover edition.
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The Conservative Assault on the Constitution

Author: Erwin Chemerinsky

Publisher: Simon and Schuster

ISBN: 9781451606355

Category: History

Page: 336

View: 6368

Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American. As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion. Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people. Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect. The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.
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Supreme Myths

Why the Supreme Court is Not a Court and Its Justices are Not Judges

Author: Eric J. Segall

Publisher: ABC-CLIO

ISBN: 0313396876

Category: Law

Page: 219

View: 8183

This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen.
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The Oxford Companion to the Supreme Court of the United States

Author: Kermit L. Hall,James W. Ely,Joel B. Grossman

Publisher: Oxford University Press on Demand

ISBN: 0195176618

Category: Law

Page: 1239

View: 9376

The second edition of this authoritative guide on the impact of the Supreme Court's decisions on American society includes updated entries on key cases over the past thirteen years, as well as a fully revised treatment of areas of constitutional law.
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A History of the Supreme Court

Author: Bernard Schwartz

Publisher: Oxford University Press

ISBN: 9780195093872

Category: History

Page: 465

View: 7240

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.
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The Case Against Impeaching Trump

Author: Alan Dershowitz

Publisher: Skyhorse Publishing Inc.

ISBN: 1510742298

Category: Political Science

Page: 160

View: 6003

The New York Times bestseller “This brand new book by Professor Dershowitz is absolutely amazing....If you care about justice and the President with the witch hunt, you’re going to want to read this book.”—Sean Hannity “Maybe the question isn’t what happened to Alan Dershowitz. Maybe it’s what happened to everyone else.”—Politico Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. Yet he has come under partisan fire for applying those same principles to Donald Trump during the course of his many appearances in national media outlets as an expert resource on civil and constitutional law. The Case Against Impeaching Trump seeks to reorient the debate over impeachment to the same standard that Dershowitz has continued to uphold for decades: the law of the United States of America, as established by the Constitution. In the author’s own words: “In the fervor to impeach President Trump, his political enemies have ignored the text of the Constitution. As a civil libertarian who voted against Trump, I remind those who would impeach him not to run roughshod over a document that has protected us all for two and a quarter centuries. In this case against impeachment, I make arguments similar to those I made against the impeachment of President Bill Clinton (and that I would be making had Hillary Clinton been elected and Republicans were seeking to impeach her). Impeachment and removal of a president are not entirely political decisions by Congress. Every member takes an oath to uphold the Constitution of the United States, and the Constitution sets out specific substantive criteria that MUST be met. I am thrilled to contribute to this important debate and especially that my book will be so quickly available to readers so they can make up their own minds.”
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Landmark Supreme Court Cases

The Most Influential Decisions of the Supreme Court of the United States

Author: Gary R. Hartman,Roy M. Mersky,Cindy L. Tate

Publisher: Infobase Publishing

ISBN: 1438110367

Category: Law

Page: 609

View: 1832

Through its interpretations of the Constitution and Bill of Rights
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Murder at the Supreme Court

Lethal Crimes and Landmark Cases

Author: Martin Clancy,Tim O'Brien

Publisher: Prometheus Books

ISBN: 1616146494

Category: True Crime

Page: 375

View: 8247

This in-depth yet highly accessible books provides compelling human stories that illuminate the thorny legal issues behind the most noteworthy capital cases. In 1969, the Supreme Court justices cast votes in secret that could have signaled the end of the death penalty. Later, the justices’ resolve began to unravel. Why? What were the consequences for the rule of law and for the life at stake in the case? These are some of the fascinating questions answered in Murder at the Supreme Court. Veteran journalists Martin Clancy and Tim O’Brien not only pull back the curtain of secrecy that surrounds Supreme Court deliberations but also reveal the crucial links between landmark capital-punishment cases and the lethal crimes at their root. The authors take readers to crime scenes, holding cells, jury rooms, autopsy suites, and execution chambers to provide true-life reporting on vicious criminals and the haphazard judicial system that punishes them. The cases reported are truly "the cases that made the law." They have defined the parameters that judges must follow for a death sentence to stand up on appeal. Beyond the obvious questions regarding the dubious deterrent effect of capital punishment or whether retribution is sufficient justification for the death penalty (regardless of the heinous nature of the crimes committed), the cases and crimes examined in this book raise other confounding issues: Is lethal injection really more humane than other methods of execution? Should a mentally ill killer be forcibly medicated to make him "well enough" to be executed? How does the race of the perpetrator or the victim influence sentencing? Is heinous rape a capital crime? How young is too young to be executed?
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Closing the Courthouse Door

How Your Constitutional Rights Became Unenforceable

Author: Erwin Chemerinsky

Publisher: Yale University Press

ISBN: 0300224907

Category: Law

Page: 256

View: 9206

A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court The Supreme Court s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts primary purpose, and they should not be barred from considering any constitutional question.
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The Most Dangerous Branch

Inside the Supreme Court's Assault on the Constitution

Author: David A. Kaplan

Publisher: Crown

ISBN: 1524759929

Category: Political Science

Page: 464

View: 370

In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. The next justice—replacing Anthony Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court – Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades – from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.
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Injustices

The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted

Author: Ian Millhiser

Publisher: Nation Books

ISBN: 1568585853

Category: Political Science

Page: 368

View: 4686

Now with a new epilogue. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution’s promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren’t for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people’s elected representatives, and has bent the arc of American history away from justice.
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Lincoln's Supreme Court

Author: David Mayer Silver

Publisher: University of Illinois Press

ISBN: 9780252067198

Category: History

Page: 272

View: 7973

More than four decades after its initial publication this book is still the only one to focus exclusively on President Abraham Lincoln's role in modifying the Supreme Court membership to secure the power he needed to save the Union.
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Witnessing Their Faith

Religious Influence on Supreme Court Justices and Their Opinions

Author: Jay Alan Sekulow

Publisher: Sheed & Ward

ISBN: 146167543X

Category: Political Science

Page: 368

View: 6162

When it was ratified in 1791, the First Amendment to the Constitution of the United States sought to protect against two distinct types of government actions that interfere with religious liberty: the establishment of a national religion and interference with individual rights to practice religion.
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The Schoolhouse Gate

Public Education, the Supreme Court, and the Battle for the American Mind

Author: Justin Driver

Publisher: Pantheon

ISBN: 1101871660

Category: Law

Page: 544

View: 1870

An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.
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Social Scientists for Social Justice

Making the Case against Segregation

Author: John P. Jackson Jr.

Publisher: NYU Press

ISBN: 9780814743270

Category: Social Science

Page: 291

View: 7354

In one of the twentieth century's landmark Supreme Court cases, Brown v. Board of Education, social scientists such as Kenneth Clark helped to convince the Supreme Court Justices of the debilitating psychological effects of racism and segregation. John P. Jackson, Jr., examines the well-known studies used in support of Brown, such as Clark’s famous “doll tests,” as well as decades of research on race which lead up to the case. Jackson reveals the struggles of social scientists in their effort to impact American law and policy on race and poverty and demonstrates that without these scientists, who brought their talents to bear on the most pressing issues of the day, we wouldn’t enjoy the legal protections against discrimination we may now take for granted. For anyone interested in the history and legacy of Brown v. Board of Education, this is an essential book.
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The Justice of Contradictions

Antonin Scalia and the Politics of Disruption

Author: Richard L. Hasen

Publisher: Yale University Press

ISBN: 0300228643

Category: Biography & Autobiography

Page: 248

View: 4979

An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order Engaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia's complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments. The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble of contradictions, Scalia promised neutral tools to legitimize the Supreme Court, but his jurisprudence and confrontational style moved the Court to the right, alienated potential allies, and helped to delegitimize the institution he was trying to save.
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We the People

A Progressive Reading of the Constitution for the Twenty-First Century

Author: Erwin Chemerinsky

Publisher: Picador

ISBN: 1250166004

Category: Law

Page: 320

View: 3668

A primer on recognizing the power and promise of the Preamble and the Constitution during this conservative assault on our founding text “Over the course of American history, there have been great gains in individual freedom and enormous advances in equality for racial minorities, women, and gays and lesbians, though obviously much remains to be done. Now we are at a moment with a president who is not committed to these values and face the reality of a Supreme Court that will likely be more hostile to them for the foreseeable future.” --From the Preface Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America
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Packing the Court

The Rise of Judicial Power and the Coming Crisis of the Supreme Court

Author: James Macgregor Burns

Publisher: Penguin

ISBN: 1101081902

Category: Political Science

Page: 336

View: 2562

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.
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Supreme Courtship

Author: Christopher Buckley

Publisher: Twelve

ISBN: 0446542229

Category: Fiction

Page: 304

View: 4087

President of the United States Donald Vanderdamp is having a hell of a time getting his nominees appointed to the Supreme Court. After one nominee is rejected for insufficiently appreciating To Kill A Mockingbird, the president chooses someone so beloved by voters that the Senate won't have the guts to reject her -- Judge Pepper Cartwright, the star of the nation's most popular reality show, Courtroom Six. Will Pepper, a straight-talking Texan, survive a confirmation battle in the Senate? Will becoming one of the most powerful women in the world ruin her love life? And even if she can make it to the Supreme Court, how will she get along with her eight highly skeptical colleagues, including a floundering Chief Justice who, after legalizing gay marriage, learns that his wife has left him for another woman. Soon, Pepper finds herself in the middle of a constitutional crisis, a presidential reelection campaign that the president is determined to lose, and oral arguments of a romantic nature. Supreme Courtship is another classic Christopher Buckley comedy about the Washington institutions most deserving of ridicule.
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