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The Supreme Court versus Congress: Disrupting the Balance of Power, 1789–2014

Autor William B. Glidden
en Limba Engleză Hardback – 16 mar 2015 – vârsta până la 17 ani
A comprehensive and focused review of all of the Supreme Court's overturns of Congress on constitutional grounds from 1789 to the present suited to college-level political science and constitutional law courses as well as law school students.The always-controversial practice of judicial review of Congress is not prescribed in the Constitution, but is arguably a valid way to protect the rights of individuals or guard against unfair rule by the majority. This book offers a historical review and indictment of the Supreme Court's overruling of Congress, ultimately taking a position that this has been more detrimental than beneficial to the democratic process in the United States, and that in the aggregate rights of individuals and minorities would have been better served if the relevant laws of Congress had been enforced rather than struck down by the Court.Written by an author who is a historian and a lawyer, the book covers all Supreme Court overrides of Congress through 2014, including major historical turning points in Supreme Court legislation and such recent and relevant topics as the Affordable Care Act, limits on contributions to political candidates and campaigns from wealthy individuals, and the Defense of Marriage Act. The discussions of specific cases are made in relevant context and focus on "big picture" themes and concepts without skipping key details, making this a useful volume for law and university level students while also being accessible to general readers.
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Specificații

ISBN-13: 9781440835193
ISBN-10: 1440835195
Pagini: 264
Dimensiuni: 156 x 235 x 20 mm
Greutate: 0.59 kg
Editura: Bloomsbury Publishing
Colecția Praeger
Locul publicării:New York, United States

Caracteristici

Supplies a balanced and comprehensive examination of Supreme Court overrides of Congress that recognizes both good and bad decisions but portrays how Congress performs better than the Court in terms of being faithful to the Constitution-and in promoting and protecting the rights of individuals and minorities

Notă biografică

William B. Glidden, PhD, JD, taught history and government at Clarkson University, Potsdam, NY, for three years, before spending the rest of his career as a lawyer at the Office of the Comptroller of the Currency, a bureau in the Treasury Department that regulates national banks.

Cuprins

Introduction1 From the Founding to the Civil War2 Article I Legislative Powers, 1870-19373 The Post-Civil War Amendments, 1876-19064 Laws to Regulate Commerce and Protect Rights5 Due Process for Property, Liberty, and Equality Rights6 The Bill of Rights7 Taxes, Citizenship, and Some Congressional Process Issues8 Federal Court Jurisdiction and Judges' Pay9 Free Speech10 Campaign Finance11 Conclusions and AssessmentsAppendix: Table of CasesBibliographyIndex