Who Makes the Law?

Who Makes the Law?

by Timothy D. Cheney, Cheney

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Overview

Who Makes the Law? by Timothy D. Cheney, Cheney

Who Makes the Law explores who really makes the law in our society. Using actual cases, it presents the political and societal responses to Court decisions and uncovers a disparity between the theory that the Court is the final say on law and the reality. This book provides a foundation for understanding the function and impact of the U.S. Supreme Court in our lives and how Court opinions both help and hinder the legislative process. It demonstrates the strength of the U.S. Constitution as well as the difficulty of legislating social issues by presenting attempts by Congress to amend the Constitution and write laws in response to actual Court decisions. It reveals the evolutionary process of law and the effect of public opinion through the response of the States and Society to Court decisions. A valuable book for anyone who wants to understand the interaction of lawmakers, public opinion, and the U.S. Supreme Court.

Product Details

ISBN-13: 9780134930817
Publisher: Prentice Hall Professional Technical Reference
Publication date: 11/26/1997
Pages: 109
Product dimensions: 6.04(w) x 8.97(h) x 0.27(d)

Table of Contents

Preface xi
Introduction 1(6)
The Law 1(1)
Why Laws Change 2(1)
Who Has Final Say? 3(1)
Outline of This Book 3(4)
Chapter 1 The Supreme Court 4(1)
Chapter 2 Amending the Constitution 4(1)
Chapter 3 Congressional Legislation 4(1)
Chapter 4 The States and Society 5(1)
Power and Deference 6(1)
CHAPTER 1 The Supreme Court
7(13)
Role of the Supreme Court
7(2)
Selecting the Cases to Be Heard
9(5)
Basic Constitutional Restrictions
9(1)
Cases and Controversies
9(1)
Ripeness
10(1)
Mootness
10(1)
Political Questions
10(1)
Policy Questions/Deference
11(2)
Questions to Consider
12(1)
Other Instances of Deference
13(1)
The Court Will Hear or Refuse to Hear the Case
13(1)
A Bit of History/The Court Packing Plan
14(1)
The Current Supreme Court
15(2)
The Court Opinions
17(3)
Timing
17(1)
Ruling
17(1)
Length and Clarity
17(1)
Broad Guidelines or Case-by-Case Analysis
18(2)
CHAPTER 2 Amending the Constitution
20(12)
Historical Examples
21(2)
1. Chisholm v. Georgia
21(1)
2. Scott v. Sandford
22(1)
3. Pollock v. Farmer's Loan and Trust Co
22(1)
4. Oregon v. Mitchell
22(1)
Recent Amendment Attempts
23(7)
Abortion
23(2)
Background and Court Opinions
23(1)
Social Note
24(1)
Congress
24(1)
Prayer in Public Schools
25(2)
Background and Court Opinions
25(1)
Congress
26(1)
Flag Burning
27(2)
Background and Court Opinions
27(1)
Texas v. Johnson
27(1)
Congress
28(1)
Term Limits
29(1)
Background and Court Opinions
29(1)
Congress
30(1)
Impact of Amendment Process on Court Opinions
30(2)
CHAPTER 3 Congress Legislates
32(23)
Legislation to Counter Opinions of the Court
33(1)
Federal Laws
33(6)
Totally Tossing Out a Federal Law
33(1)
Interpreting a Federal Law in a Manner with which Congress Does Not Agree
34(1)
Interpreting the Constitution in a Manner with which Congress Does Not Agree
35(1)
Gender: General Issues
35(1)
Standard of Review
35(1)
Pregnancy
36(2)
Background
36(1)
Court
36(1)
Congress
37(1)
Court
37(1)
Gender Equity in Education
38(1)
Background
38(1)
Court
38(1)
Congress
38(1)
Court
38(1)
Flag Burning
39(1)
State Laws
39(9)
Abortion
39(2)
Background
39(1)
Court
39(1)
Congress
40(1)
Court
40(1)
Congress
41(1)
Religion: Establishment Clause
41(2)
Background
41(1)
Prayer in Public Schools
41(1)
Support, Promotion, Endorsement, or Accommodation
42(1)
Court
42(1)
Congress
43(1)
Religion: Exercise
43(2)
Background
43(1)
Court
43(1)
Congress
44(1)
Findings
45(1)
Flag burning
45(3)
Court
45(2)
Congress
47(1)
Court
47(1)
Congress
48(1)
Congress Legislates to Solidify, Enhance, or Expand a Supreme Court Decision
48(3)
Court
49(1)
Congress
49(1)
Court
50(1)
Congress Declining to Act
51(4)
Vague Terms
51(2)
Congress
51(1)
Court
51(1)
Congress
52(1)
Court
52(1)
Terms Left Out
53(2)
CHAPTER 4 The States and Society
55(20)
Role of the States
55(3)
Society
58(2)
Abortion
60(3)
Legal, Social, and Political Responses/Terminology Problems
60(1)
"Public Opinion" Polls
61(1)
Abortion Rights Polls
62(1)
Has the Response of Society Made the Law?
62(1)
Religion: Establishment Clause
63(4)
Legal, Social, and Political Responses/Terminology Problems: Prayer in Public Schools
63(1)
"Public Opinion" Polls
64(1)
Has the Response of Society Made the Law?
65(1)
Support, Promotion, Endorsement, or Accommodation
65(2)
Gender: General Issues
67(2)
Legal, Social, and Political Responses/Terminology Problems
67(1)
"Public Opinion" Polls
68(1)
Has the Response of Society Made the Law?
68(1)
Title IX
69(2)
Legal, Social, and Political Responses/Terminology Problems
69(1)
"Public Opinion" Polls
70(1)
Has the Response of Society Made the Law?
70(1)
Sexual Harassment
71(3)
Legal, Social, and Political Responses/Terminology Problems
71(1)
"Public Opinion" Polls
72(1)
Has the Response of Society Made the Law?
73(1)
Flag Burning
74(1)
Closing Comments 75(2)
Epilogue 77(1)
APPENDIX A U.S. Constitution 78(19)
APPENDIX B Case List 97(4)
General 97(1)
Gender 98(1)
Privacy 98(1)
Race 99(1)
Religion 99(1)
Speech 99(1)
Non-Supreme Court Cases 100(1)
Bibliography/Suggested Readings 101(2)
Index 103

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