Courts and Congress: America's Unwritten Constitution
Autor William Quirken Limba Engleză Paperback – 15 feb 2010
Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election.
In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.
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Specificații
ISBN-13: 9781412811446
ISBN-10: 1412811449
Pagini: 331
Dimensiuni: 152 x 229 x 18 mm
Greutate: 0.61 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Locul publicării:Oxford, United Kingdom
ISBN-10: 1412811449
Pagini: 331
Dimensiuni: 152 x 229 x 18 mm
Greutate: 0.61 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Locul publicării:Oxford, United Kingdom
Cuprins
Foreword
Acknowledgments
Introduction: The "Happy Convention"
1. Who is to Decide?
2. Guns, Gays, and God—The Happy Convention and the Culture Wars
3. The Happy Convention Meets the War on Terror
4. The Catechism of the Happy Convention
5. The Rise of the Happy Convention
6. Life under the Happy Convention
7. Current Views—Chief Justice Roberts and Justice Alito and the Happy Convention
8. The Happy Convention and the Grizzly Bear
9. Can Amending the Constitution End the Happy Convention?
Conclusion
Historical Appendix A: Stripper Statutes Limiting Court
Jurisdiction in the 1930s and 1940s
Historical Appendix B: World War II to 1996—Stripper Bills Seeking to Limit Court Jurisdiction—None Passed
Historical Appendix C: Stripper Statutes Limiting Court Jurisdiction Since 1996
Historical Appendix D: Selected Supreme Court Rulings
Selected Bibliography
Index
Acknowledgments
Introduction: The "Happy Convention"
1. Who is to Decide?
2. Guns, Gays, and God—The Happy Convention and the Culture Wars
3. The Happy Convention Meets the War on Terror
4. The Catechism of the Happy Convention
5. The Rise of the Happy Convention
6. Life under the Happy Convention
7. Current Views—Chief Justice Roberts and Justice Alito and the Happy Convention
8. The Happy Convention and the Grizzly Bear
9. Can Amending the Constitution End the Happy Convention?
Conclusion
Historical Appendix A: Stripper Statutes Limiting Court
Jurisdiction in the 1930s and 1940s
Historical Appendix B: World War II to 1996—Stripper Bills Seeking to Limit Court Jurisdiction—None Passed
Historical Appendix C: Stripper Statutes Limiting Court Jurisdiction Since 1996
Historical Appendix D: Selected Supreme Court Rulings
Selected Bibliography
Index
Descriere
It's often said, confirmed by survey data, that the American people are losing confidence in their government