The Role Of The Supreme Court In American Politics: The Least Dangerous Branch?Routledge, 2018 M03 5 - 180 páginas When the Supreme Court's effectively decided the presidential election of 2000, it decision illustrated a classic question in American politics: what is the appropriate role for the Supreme Court? The dilemma is between judicial activism, the Court's willingness to make significant changes in public policy, and judicial restraint, the Court's willingness to confine the use and extent of its power. While the Framers of the Constitution felt that the judiciary would be the "least dangerous branch" of government, many have come to the conclusion that courts govern America, a notion at odds with democratic government.Richard Pacelle traces the historical ebb and flow of the Court's role in the critical issues of American politics: slavery, free speech, religion, abortion, and affirmative action. Pacelle examines the arguments for judicial restraint, including that unelected judges making policy runs against democratic principles, and the arguments for judicial activism, including the important role the court has played as a protector of minority rights. Pacelle suggests that there needs to be a balance between judicial activism and restraint in light of the constraints on the institution and its power. Stimulating and sure to generate discussion, The Supreme Court in American Politics is a concise supplemental text for American Government and Judicial Politics course. |
Contenido
The Historical Dimension of the Dilemma | |
Unelected | |
Policymaking Against Majority Will | |
Deliberately Undemocratic | |
The Practical Realities of American Politics | |
The Province of the Supreme Court | |
Exposing the Supreme Court | |
Does | |
The Bases | |
Legal Factors in Decisionmaking | |
Extralegal Factors in Decisionmaking | |
Reconciling the Two Perspectives | |
A Return to the Recent | |
References | |
Otras ediciones - Ver todas
The Role Of The Supreme Court In American Politics: The Least Dangerous Branch? Richard Pacelle Vista previa limitada - 2001 |
The Role of the Supreme Court in American Politics: The Least Dangerous Branch? Richard L. Pacelle Sin vista previa disponible - 2002 |
The Role Of The Supreme Court In American Politics: The Least Dangerous Branch? Richard Pacelle Sin vista previa disponible - 2001 |
Términos y frases comunes
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