Stephen M. Engel's American Politicians Confront the Court: Opposition Politics PDF

Legal Theory Systems

By Stephen M. Engel

ISBN-10: 0521153980

ISBN-13: 9780521153980

Politicians have lengthy wondered, or perhaps been brazenly adverse to, the legitimacy of judicial authority, yet that authority turns out to became safer over the years. What explains the recurrence of hostilities and but the safety of judicial strength? Addressing this question anew, Stephen Engel issues to the slow attractiveness of dissenting perspectives of the structure, that's, the legitimacy and loyalty of reliable competition. Politicians' altering notion of the danger posed by means of competition prompted how manipulations of judicial authority took form. As politicians' perspectives towards competition replaced over the years, their process towards the judiciary - the place competition may turn into entrenched - replaced in addition. as soon as competition used to be not visible as a primary possibility to the Constitution's survival, and a number of constitutional interpretations have been thought of valid, judicial strength will be construed much less because the seat of an illegitimate competition and extra as an device to accomplish political ends. Politicians have been prone to harness it to serve their goals than to brazenly undermine its legitimacy. briefly, conflicts among the elected branches and the judiciary haven't subsided. they've got replaced shape. they've got shifted from measures that undermine judicial legitimacy to measures that harness judicial energy for political ends. Engel's e-book brings our figuring out of those manipulations into line with different advancements, resembling the institution of political events, the reputation of unswerving competition, the advance of other modes of constitutional interpretation, and the emergence of rights-based pluralism.

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Extra resources for American Politicians Confront the Court: Opposition Politics and Changing Responses to Judicial Power

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419 (1793) and clarified jurisdictional boundaries of suits between states and private citizens; the Thirteenth, Fourteenth, and Fifteenth Amendments, which negated Dred Scott v. S. 393 (1857); the Sixteenth Amendment (1913), which established the income tax overruling Pollock v. S. 429 (1895); and the Twenty-Sixth Amendment (1971) setting the voting age at eighteen negating Oregon v. S. 112 (1970). Similarly, statutory reversals of judicial rulings are not necessarily attempts to discipline the Court but to clarify existing statute in an ongoing inter-branch colloquy.

In line with Dahl’s thesis, Whittington contends that judges may be aligned ideologically with the elected branches. 25 For Graber, the legislature can avoid inflaming internal party cleavages on divisive issues by passing Â�controversial issues to the Court for resolution. 31 In all these ways, strong and secure judicial power may serve politicians’ interests. When the Madisonian assumption of conflict among the branches is dropped€ – and many of the scholars who focus on the politically strategic value of judicial power take this view€– it brings into clearer relief how judicial review promotes ends sought by a governing coalition.

S. 833 (1992). Note also the Court’s overturning of the criminalization of consensual homosexual sex in its decision in Lawrence and Garner v. S. 558 (2003) and its upholding of affirmative action in university admissions in Grutter v. S. 306 (2003). 23 See Jeffrey Segal, “Separation-of-Powers Games in the Positive Theory of Congress and Courts,” American Political Science Review 91 (March 1997), 28–44; and McNollgast, “Politics and the Courts:€A Positive Theory of Judicial Doctrine and the Rule of Law,” Southern California Law Review (1994–95), 1631–84; Tom S.

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American Politicians Confront the Court: Opposition Politics and Changing Responses to Judicial Power by Stephen M. Engel


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