Seeking justices

the judging of Supreme Court nominees

Author: Michael Comiskey

Publisher: Univ Pr of Kansas

ISBN: 9780700613465

Category: Law

Page: 287

View: 5933

In the long shadows cast by the Robert Bork and Clarence Thomas nominations, Supreme Court confirmations remain highly contentious and controversial. This is due in part to the Senate's increasing reliance upon a much lengthier, much more public, and occasionally raucous confirmation process--in an effort to curb the potential excesses of executive power created by presidents seeking greater control over the Court's ideological composition. Michael Comiskey offers the most comprehensive, systematic, and optimistic analysis of that process to date. Arguing that the process works well and therefore should not be significantly altered, Comiskey convincingly counters those critics who view highly contentious confirmation proceedings as the norm. Senators have every right and a real obligation, he contends, to scrutinize the nominees' constitutional philosophies. He further argues that the media coverage of the Senate's deliberations has worked to improve the level of such scrutiny and that recent presidents have neither exerted excessive influence on the appointment process nor created a politically extreme Court. He also examines the ongoing concern over presidential efforts to pack the court, concluding that stacking the ideological deck is unlikely. As an exception to the rule, Comiskey analyzes in depth the Thomas confirmation to explain why it was an aberration, offering the most detailed account yet of Thomas's pre-judicial professional and political activities. He argues that the Senate Judiciary Committee abdicated its responsibilities out of deference to Thomas's race. Another of the book's unique features is Comiskey's reassessment of the reputations of twentieth-century SupremeCourt justices. Based on a survey of nearly 300 scholars in constitutional law and politics, it shows that the modern confirmation process continues to fill Court vacancies with jurists as capable as those of earlier eras. We

Judicial Politics in the United States

Author: Mark C. Miller

Publisher: Routledge

ISBN: 0429973233

Category: Political Science

Page: 448

View: 6309

Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.

Supreme Democracy

The End of Elitism in Supreme Court Nominations

Author: Richard Davis

Publisher: Oxford University Press

ISBN: 0190656980

Category: Social Science

Page: 272

View: 2928

In the nineteenth and early twentieth centuries, Supreme Court nominations were driven by presidents, senators, and some legal community elites. Many nominations were quick processes with little Senate deliberation, minimal publicity and almost no public involvement. Today, however, confirmation takes 81 days on average-Justice Antonin Scalia's former seat has already taken much longer to fill-and it is typically a media spectacle. How did the Supreme Court nomination process become so public and so nakedly political? What forces led to the current high-stakes status of the process? How could we implement reforms to improve the process? In Supreme Democracy: The End of Elitism in the Supreme Court Nominations, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present. He examines the component parts of the nomination process one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, the news media, and public opinion. The most dramatic development, however, has been the democratization of politics. Davis delves into the constitutional underpinnings of the nomination process and its traditional form before describing a more democratic process that has emerged in the past half century. He details the struggle over image-making between supporters and opponents intended to influence the news media and public opinion. Most importantly, he provides a thorough examination of whether or not increasing democracy always produces better governance, and a better Court. Not only an authoritative analysis of the Supreme Court nomination process from the founding era to the present, Supreme Democracy will be an essential guide to all of the protracted nomination battles yet to come.

The Development of the American Presidency

Author: Associate Professor of Political Science Richard J Ellis,Richard J. Ellis

Publisher: Routledge

ISBN: 1136980601

Category: Political Science

Page: 608

View: 4023

Our understanding of the politics of the presidency is greatly enhanced by viewing it through a developmental lens, analyzing how historical turns have shaped the modern institution. The Development of the American Presidency pays great attention to that historical weight but is organized topically and conceptually with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, this text looks at how the presidency has evolved in relation to the public, to Congress, to the Executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. All the while, Ellis illustrates the institutional relationships and tensions through stories about particular individuals and specific political conflicts. Ellis's own classroom pedagogy of promoting active learning and critical thinking is well reflected in these pages. Each chapter begins with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. A companion website not only acts as a further resources base—directing students to primary documents, newspapers, and data sources—but also presents interactive timelines, practice quizzes, and key terms to help students master the book's lessons.

The Handy Supreme Court Answer Book

Author: David L Hudson

Publisher: Visible Ink Press

ISBN: 157859264X

Category: Law

Page: 512

View: 6367

From the origins of the court to modern practical matters—including the federal judiciary system, the Supreme Court’s session schedule, and the argument, decision, and appeal process—this resource provides detailed answers on all aspects of the Supreme Court. Exploring the social, cultural, and political atmosphere in which judges are nominated and serve, this guide book answers questions such as When did the tradition of nine justices on the bench begin? When did the practice of hiring law clerks to assist with legal research and writing begin? and How do cases reach the Supreme Court? Details on historic decisions—including Marbury v. Madison, Brown v. Board of Education, Miranda v. Arizona, and Bush v. Gore—accompany a thorough history of all 17 Supreme Court Chief Justices.

Meine geliebte Welt

Author: Sonia Sotomayor

Publisher: C.H.Beck

ISBN: 3406659489

Category: Biography & Autobiography

Page: 349

View: 3269

Aufgewachsen in der Bronx, Puertoricanerin, die Kindheit prekär, der Vater Alkoholiker, die Mutter überfordert – Sonia Sotomayor war es nicht gerade in die Wiege gelegt, eines Tages Richterin am höchsten Gericht der Vereinigten Staaten von Amerika zu werden. Mit einem großen Herzen und viel Humor erzählt diese Ausnahmefrau von ihrem Weg, aber nicht um sich dabei auf die Schulter zu klopfen, sondern um anderen Menschen mit ihrer eigenen Geschichte Mut zu machen. Ein hinreißendes, ansteckendes Buch über das Trotzdem und über die – wirklich wichtigen – Dinge des Lebens. „’Nach der Lektüre werden mich die Leser nach menschlichen Kriterien beurteilen’, schreibt Sonia Sotomayor. Wir, die wir in diesem Fall die Jury sind, finden sie einfach unwiderstehlich.“ Washingtonian „Überwältigende und stark geschriebene Memoiren zum Thema Identität und Persönlichkeitsfindung ... Offenherzig, scharf beobachtet und vor allem tief empfunden.“ The New York Times „Eine Frau, die weiß, wo sie herkommt und die die Kraft hat, uns dorthin mitzunehmen.“ The New York Times Book Review

Supreme Court Nominations

Presidential Nomination, the Judiciary Committee, Proper Scope of Questioning of Nominees, Senate Consideration, Cloture, and the Use of the Filibuster

Author: Denis Steven Rutkus,Elizabeth Rybicki

Publisher: TheCapitol.Net Inc

ISBN: 1587332248

Category: Law

Page: 208

View: 892

This volume explores the Supreme Court Justice appointment process--from Presidential announcement, Judiciary Committee investigation, confirmation hearings, vote, and report to the Senate, through Senate debate and vote on the nomination.

Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900 - 2010

Author: R. Sam Garrett

Publisher: DIANE Publishing

ISBN: 1437934277

Category:

Page: 48

View: 731

Contents: (1) Recent Activity: Activity During 2010, 2009, and 2005-2006: Recent Nominations: Roberts, Miers, Alito; (2) Measuring the Pace of Supreme Court (SC) Appoint.; (3) How SC Vacancies Occur: Death of a Sitting Justice (SJ): Retirement or Resignation of a SJ; Nomination of a SJ to Another Position; Controversial, Withdrawn, and Rejected Nominations; (4) Date of Actual or Prospective Vacancy; Announcement-of-Nominee Date: Use of Medians to Summarize Intervals; The Duration of the Nomination-and-Confirmation Process: Changes Since 1981; Factors Influencing the Speed of the Process: How the Vacancy Occurs; The Senate¿s Schedule; Committee Involvement and Institutional Customs; Controversial Nominations.

Demokratische Gesetzgebung in der Europäischen Union

Theorie und Praxis der dualen Legitimationsstruktur europäischer Hoheitsgewalt

Author: Jelena von Achenbach

Publisher: Springer-Verlag

ISBN: 364223917X

Category: Law

Page: 522

View: 8906

Das Mitentscheidungsverfahren (Art. 294 AEUV) ist seit dem Vertrag von Lissabon das ordentliche Gesetzgebungsverfahren der Europäischen Union. Mit der Monographie wird die Co-Gesetzgeberschaft von Europäischem Parlament und Rat als Mittel der demokratischen Legitimation europäischer Gesetzgebung untersucht. Im Zentrum steht dabei eine demokratietheoretische Auseinandersetzung mit dem Modell der dualen demokratischen Legitimation europäischer Hoheitsgewalt, das mit Art. 10 EUV nunmehr im Demokratieprinzip der Union verankert ist. Daneben steht eine empirisch gestützte Untersuchung der Praxis des Mitentscheidungsverfahrens, die sich insbesondere der zunehmenden Informalisierung des Gesetzgebungsprozesses („Triloge“) kritisch widmet.

The Next Justice

Repairing the Supreme Court Appointments Process

Author: Christopher L. Eisgruber

Publisher: Princeton University Press

ISBN: 9780691143521

Category: Law

Page: 239

View: 1734

He describes a new and better manner of deliberating about who should serve on the Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates."

Attacking Judges

How Campaign Advertising Influences State Supreme Court Elections

Author: Melinda Gann Hall

Publisher: Stanford University Press

ISBN: 0804793093

Category: Law

Page: 264

View: 7946

Nasty, below-the-belt campaigns, mudslinging, and character attacks. These tactics have become part and parcel of today's election politics in America, and judicial elections are no exception. Attacking Judges takes a close look at the effects of televised advertising, including harsh attacks, on state supreme court elections. Author Melinda Gann Hall investigates whether these divisive elections have damaging consequences for representative democracy. To do this, Hall focuses on two key aspects of those elections: the vote shares of justices seeking reelection and the propensity of state electorates to vote. In doing so, Attacking Judges explores vital dimensions of the conventional wisdom that campaign politics has deleterious consequences for judges, voters, and state judiciaries. Countering the prevailing wisdom with empirically based conclusions, Hall uncovers surprising and important insights, including new revelations on how attack ads influence public engagement with judicial elections and their relative effectiveness in various types of state elections. Attacking Judges is a testament to the power of institutions in American politics and the value of empirical political science research in helping to inform some of the most significant debates on the public agenda. This book's results smartly contest and eradicate many of the fears judicial reformers have about the damaging effects of campaign negativity in modern state supreme court elections.

The Supreme Court and the Attitudinal Model Revisited

Author: Jeffrey A. Segal,Harold J. Spaeth

Publisher: Cambridge University Press

ISBN: 9780521789714

Category: Law

Page: 459

View: 8847

Two leading scholars of the Supreme Court explain and predict its decision making.

From Solicitor General to Supreme Court Nominee

Responsibilities, History, and the Nomination of Elena Kagan

Author: Susan Navarro Smelcer

Publisher: DIANE Publishing

ISBN: 1437935540

Category:

Page: 17

View: 6533

On May 10, 2010, President Obama nominated Solicitor General (SG) Elena Kagan to replace retiring Justice John Paul Stevens. If confirmed, Elena Kagan would be the first serving SG to be appointed to the Court since the elevation of Thurgood Marshall in 1967. She would also be only the fifth of 111 Justices to come to the bench with such experience. Contents of this report: (1) Intro.; (2) Duties and Responsibilities of the SG; (3) Explaining the Success of the SG; (4) From SG to Supreme Court Nominee: Chief Justice William Howard Taft; Associate Justice Stanley Reed; Associate Justice Robert Jackson; Associate Justice Thurgood Marshall; (5) SG Elena Kagan: Tenure as SG; Potential for Recusal During Her First Term if Confirmed.

California Government

Author: John L. Korey

Publisher: Cengage Learning

ISBN: 0547041934

Category: Education

Page: 160

View: 1200

Thoroughly updated with the coverage of the 2008 elections, the Fifth Edition of California Government offers a balanced exploration of the institutional and behavioral aspects of the state's political foundations. Not only does this text fulfill the state politics requirement of the Cal State University system, but its comparative perspective and attention to issues of ethnicity make it a valuable complement to any general government text. Pedagogical features include a glossary of terms specific to the state of California, chapter-opening epigrams, and an extensive Notes section at the end of the text. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Electing Justice

Fixing the Supreme Court Nomination Process

Author: Richard Davis

Publisher: Oxford University Press

ISBN: 9780195346206

Category: Political Science

Page: 224

View: 4235

Davis discusses the increasing role of interest groups, the press, and the public, whose role is not prescribed in the Constitution, in the selection and confirmation of Supreme Court justices and how it affects the process. First he examines in detail the history and nature of the process, then he looks at the role and impact of other players. His conclusions about how non-political actors affect the outcome of Supreme Court justice selection leads him at the end of his book to suggest controversial reforms and their prospects for success.

Presidents and their Justices

Author: Douglas Clouatre

Publisher: University Press of America

ISBN: 076185374X

Category: History

Page: 284

View: 323

This book offers an innovative look at the relationship between a president and the Supreme Court justices they appoint. Based on a 2005 survey of historians, lawyers, and political scientists, the book delves into presidential Court appointments and how a justice's career affects a president's legacy.

Ruminations of a Gadfly

Persons, Places, Perceptions

Author: Deena R. Khatkhate

Publisher: Academic Foundation

ISBN: 9788171886579

Category: Social Science

Page: 410

View: 5261

Essays exploring societal changes in India and abroad; most previously published.

The Supreme Court of the United States

hearings and reports on successful and unsuccessful nominations of Supreme Court Justices by the Senate Judiciary Committee, 1916-

Author: United States. Congress. Senate. Committee on the Judiciary

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 5232

Canadian Politics, Sixth Edition

Author: James Bickerton,Alain-G. Gagnon

Publisher: University of Toronto Press

ISBN: 144260705X

Category: Political Science

Page: 528

View: 6520

The sixth edition of Canadian Politics offers a comprehensive introduction to Canadian government and politics by a highly respected group of political scientists. For this edition, the editors have organized the book into six parts. Part I examines Canadian citizenship and political identities, while Parts II and III deal with Canadian political institutions, including Aboriginal governments, and contain new chapters on the public service and Quebec. Parts IV and V shift the focus to the political process, discussing issues pertaining to culture and values, parties and elections, media, groups, movements, gender, and diversity. The chapters on Parliament, bureaucracy, political culture, political communications, social movements, and media are new to this edition. Finally, three chapters in the last section of the book analyze components of Canadian politics that have been gaining prominence during the last decade: the effects of globalization, the shifting ground of Canadian-American relations, and the place of Canada in the changing world order. Of the 21 chapters in this edition, 9 are new and the remainder have been thoroughly revised and updated.