The Supreme Court In American Politics / Edition 1

The Supreme Court In American Politics / Edition 1

by Richard Pacelle
     
 


Concern for the appropriate role of the Supreme Court as a policy maker has been one of the most enduring questions of American politics. 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.See more details below

Overview


Concern for the appropriate role of the Supreme Court as a policy maker has been one of the most enduring questions of American politics. 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.

Product Details

ISBN-13:
9780813367538
Publisher:
Westview Press
Publication date:
03/01/2001
Series:
Dilemmas in American Politics Series
Edition description:
REV
Pages:
208
Product dimensions:
0.48(w) x 6.00(h) x 9.00(d)

Related Subjects

Table of Contents

List of Tables of Illustrations
Acknowledgments
Introduction: A Five-Week Election Night Ends Up in the Supreme Court1
1The Supreme Court: Law or Politics?7
Defining the Dilemma11
Making Public Policy: Does the Supreme Court Take Part?12
The Supreme Court17
Unraveling the Dilemma20
Statutory Construction: Changing the Meaning23
Judicial Review24
Overturning Precedent26
Interpreting and Revising Constitutional Provisions27
Evaluating the Role of the Supreme Court28
2The Historical Dimension of the Dilemma33
The Marshall Court (1801-1835)36
The Taney Court (1836-1864)38
Substantive Due Process39
The Preferred Position Doctrine: Selective Judicial Activism42
The Burger and Rehnquist Courts: Return to Restraint?45
3The Democratic Dimension of the Dilemma: Unelected Policymaking51
Democratic Theory and the Supreme Court55
Policymaking Against Majority Will58
Review Compatible with Democratic Values60
Deliberately Undemocratic62
Are the Elected Branches Democratic?63
The Practical Realities of American Politics66
A Pluralist Role for the Supreme Court67
Rights and Liberties: The Province of the Supreme Court70
Democratic Concerns Revisited72
4The Institutional Dimension of the Dilemma: Constitutional and Self-Imposed Limitations77
The Limits of the Judicial Branch80
Jurisdiction84
Justiciability86
Checks and Balances92
Exposing the Supreme Court96
The Power and Potential of the Supreme Court98
5The Judicial Capacity Dimension of the Dilemma: Does the Supreme Court Have the Ability to Make Policy?105
The Supreme Court: Powerful Enough or Too Weak?108
The Supreme Court's Ability to Make Policy109
Assessing Judicial Capacity111
The Indictment Against the Judiciary116
Viable Alternatives to the Judiciary119
The Case for Relative Capacity120
Is Capacity A Barrier?126
6The Individual Dimension of the Dilemma: The Bases for Decisions131
The Dilemma for the Individual Justice135
Legal Factors in Decisionmaking141
Problems with the Legal Factors144
Extralegal Factors in Decisionmaking147
Relying on the Constitution: Legal or Extralegal?149
Reconciling the Two Perspectives151
7Toward Resolving the Dilemma: A Return to the Recent Past155
The Mysterious Branch of Government Nobody Knows157
Recognizing the Constraints and Potential159
Designing a Role for the Supreme Court162
Protecting the Court's Legitimacy168
References171
Index179

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