The Next Justice

Author: Christopher L. Eisgruber
Publisher: Princeton University Press
ISBN: 1400827825
Size: 17.41 MB
Format: PDF, Kindle
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The Supreme Court appointments process is broken, and the timing couldn't be worse--for liberals or conservatives. The Court is just one more solid conservative justice away from an ideological sea change--a hard-right turn on an array of issues that affect every American, from abortion to environmental protection. But neither those who look at this prospect with pleasure nor those who view it with horror will be able to make informed judgments about the next nominee to the Court--unless the appointments process is fixed now. In The Next Justice, Christopher Eisgruber boldly proposes a way to do just that. 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. Long on partisan rancor and short on serious discussion, today's appointments process reveals little about what kind of judge a nominee might make. Eisgruber argues that the solution is to investigate how nominees would answer a basic question about the Court's role: When and why is it beneficial for judges to trump the decisions of elected officials? Through an examination of the politics and history of the Court, Eisgruber demonstrates that pursuing this question would reveal far more about nominees than do other tactics, such as investigating their views of specific precedents or the framers' intentions. Written with great clarity and energy, The Next Justice provides a welcome exit from the uninformative political theater of the current appointments process.

A First Amendment Profile Of The Supreme Court

Author: Craig Smith
Publisher: Rowman & Littlefield
ISBN: 9781611493610
Size: 10.41 MB
Format: PDF, Kindle
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A First Amendment Profile of the Supreme Court focuses on the nine justices of the United States Supreme Court and determines their frames for assessing First Amendment cases. In each of the chapters, a justice is profiled in terms of his or her claims during the nomination hearings and the positions they have taken in significant Supreme Court decisions. These chapters provide a rhetorical frame that each of these justices would find appealing regarding First Amendment case law.

The Future Of Assisted Suicide And Euthanasia

Author: Neil M. Gorsuch
Publisher: Princeton University Press
ISBN: 0691140979
Size: 15.30 MB
Format: PDF, Docs
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After assessing the strengths and weaknesses of arguments for assisted suicide and euthanasia, Gorsuch builds a nuanced, novel, and powerful moral and legal argument against legalization, one based on a principle that, surprisingly, has largely been overlooked in the debate; the idea that human life is intrinsically valuable and that intentional killing is always wrong. At the same time, the argument Gorsuch develops leaves wide latitude for individual patient autonomy and the refusal of unwanted medical treatment and life-sustaining care, permitting intervention only in cases where an intention to kill is present.

Constitutional Politics In A Conservative Era

Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 9780762314867
Size: 19.10 MB
Format: PDF, Mobi
View: 98

This volume of "Studies in Law, Politics, and Society" presents a unique special issue "Constitutional Politics in a Conservative Era." This issue brings together the work of leading scholars of Constitutionalism, Constitutional law, and politics in the United States to take stock of the field to chart its progress, and point the way for its future development. Much of the way Americans have thought about Constitutional law has, until recently, been dominated by models developed during the Warren Court Era. Today, however, scholars seek new approaches, approaches that do not take for granted liberal hegemony in the courts. Among these, theories of popular constitutionalism and judicial minimalism appear to be increasingly popular. How should Scholars think about American courts in an era of conservative domination of the judiciary? What should/will constitutional politics in the United States look like over the next decade?

Congress S Constitution

Author: Josh Chafetz
Publisher: Yale University Press
ISBN: 9780300197105
Size: 12.70 MB
Format: PDF, Docs
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A leading scholar of Congress and the Constitution analyzes Congress's surprisingly potent set of tools in the system of checks and balances. Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-�-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.