Search Results: uncertain-justice-the-roberts-court-and-the-constitution

Uncertain Justice

The Roberts Court and the Constitution

Author: Laurence Tribe,Joshua Matz

Publisher: Picador

ISBN: 9781250069351

Category: Political Science

Page: 416

View: 2377

"Irresistible...A brilliantly layered account of the Roberts Court filled with memorable stories...This book is a joy to read from start to finish."-Doris Kearns Goodwin, author of Team of Rivals and The Bully Pulpit From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court, and the court's decisions on key topics-including free speech, privacy, voting rights, and presidential power-could be uniquely durable. Tribe, one of the country's leading constitutional lawyers, and Matz dig deeply into the court's rulings to deliver original insights and compelling human stories. In the end, Uncertain Justice illuminates the most colorful story of all-how the Supreme Court and the Constitution frame the way we live.

Uncertain Justice

The Roberts Court and the Constitution

Author: Laurence Tribe,Joshua Matz

Publisher: Macmillan

ISBN: 0805099093

Category: Law

Page: 416

View: 4438

A revelatory assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings to explore their less-understood debates and relevance. 50,000 first printing.

Uncertain Justice

The Roberts Court and the Constitution

Author: Laurence Tribe,Joshua Matz

Publisher: Henry Holt and Company

ISBN: 0805099131

Category: Political Science

Page: 416

View: 463

With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.

The Roberts Court

The Struggle for the Constitution

Author: Marcia Coyle

Publisher: Simon and Schuster

ISBN: 145162753X

Category: Political Science

Page: 416

View: 8730

The Roberts Court, seven years old, sits at the center of a constitutional maelstrom. Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr. Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.

In the Balance: Law and Politics on the Roberts Court

Author: Mark Tushnet

Publisher: W. W. Norton & Company

ISBN: 0393073440

Category: Law

Page: 324

View: 8500

Examines the initial years of the Roberts Court, covering the legal philosophies that have informed decisions on such major cases as the Affordable Care Act, the political structures behind appointments, and the struggle for dominance of the Court.

Abortion

The Clash of Absolutes

Author: Laurence H. Tribe

Publisher: N.A

ISBN: 9781439509029

Category: Social Science

Page: N.A

View: 4834

Explores the path to compromise in the controversial issue of abortion, taking into account the crucial issues of right to privacy, the relations between the sexes, and individual freedom

To End a Presidency

The Power of Impeachment

Author: Laurence Tribe,Joshua Matz

Publisher: Hachette UK

ISBN: 1541644875

Category: Law

Page: 304

View: 4821

The history and future of our democracy's ultimate sanction, presidential impeachment, and a guide to how it should be used now To End a Presidency addresses one of today's most urgent questions: when and whether to impeach a president. Laurence Tribe and Joshua Matz provide an authoritative guide to impeachment's past and a bold argument about its proper role today. In an era of expansive presidential power and intense partisanship, we must rethink impeachment for the twenty-first century. Of impeachments, one Constitutional Convention delegate declared, "A good magistrate will not fear them. A bad one will be kept in fear of them." To End a Presidency is an essential book for all Americans seeking to understand how this crucial but fearsome power should be exercised.

A Court Divided

The Rehnquist Court and the Future of Constitutional Law

Author: Mark V. Tushnet

Publisher: W. W. Norton & Company

ISBN: 9780393058680

Category: Law

Page: 384

View: 6760

In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

Constitutional Choices

Author: Laurence H. Tribe

Publisher: N.A

ISBN: 9780674165397

Category: Law

Page: 458

View: 4390

Constitutional Choices illuminates the world 0f scholarship and advocacy uniquely combined by Laurence Tribe, one of the nation's leading professors of constitutional law and most successful practitioners before the Supreme Court. In his new hook, Tribe boldly moves beyond the seemingly endless debate over which judicial approaches to enforcing the Constitution are "legitimate" and which are not. Arguing that all claims to legitimacy must remain suspect, Tribe focuses instead on the choices that must nonetheless be made in resolving actual constitutional controversies. To do so, he examines problems as diverse as interstate banking, gender discrimination, church subsidies, the constitutional amendment process, the war powers of the President, and First Amendment protection of American Nazis. Challenging the ruling premises underlying many 0f the Supreme Court's positions on fundamental issues of government authority and individual rights, Tribe shows how the Court is increasingly coming to resemble a judicial Office of Management and Budget, straining constitutional discourse through a managerial sieve and defending its constitutional rulings by "balancing'' what it counts as "costs" against what it deems benefits?' Tribe explains how the Court's "Calculus" systematically excludes basic concerns about the distribution of wealth and power and conceals fundamental choices about the American polity. Calling for a more candid confrontation of those choices and of the principles and perspectives they reflect, Tribe exposes what has gone wrong and suggests how the Court can begin to reclaim the historic role entrusted to it by the Constitution.

John G. Roberts, Jr

Chief Justice

Author: Lisa Tucker McElroy

Publisher: Lerner Publications

ISBN: 9780822563891

Category: Juvenile Nonfiction

Page: 48

View: 5079

A biography of the seventeenth Chief Justice of the United States.

The Case Against the Supreme Court

Author: Erwin Chemerinsky

Publisher: Penguin Books

ISBN: 0143128000

Category: History

Page: 400

View: 1281

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court's historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

The Invisible Constitution

Author: Laurence H. Tribe

Publisher: Oxford University Press

ISBN: 9780199740956

Category: Law

Page: 304

View: 6016

As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

The Schoolhouse Gate

Public Education, the Supreme Court, and the Battle for the American Mind

Author: Justin Driver

Publisher: Pantheon

ISBN: 1101871660

Category: Law

Page: 544

View: 8618

An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.

The Burger Court and the Rise of the Judicial Right

Author: Michael J. Graetz,Linda Greenhouse

Publisher: Simon and Schuster

ISBN: 1476732515

Category: History

Page: 480

View: 9202

A revelatory look at the Warren Burger Supreme Court finds that it was not moderate or transitional, but conservative—and it shaped today’s constitutional landscape. It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review). When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).

Ladies And Gentlemen Of The Jury

Greatest Closing Arguments

Author: Michael S. Lief,Ben Bycell,Mitchell Caldwell

Publisher: Simon and Schuster

ISBN: 1471108546

Category: Social Science

Page: 416

View: 7311

In the hands of a skilled trial lawyer, the closing argument offers the courtroom's greatest dramatic possiblilities. It is the advocate's last opportunity to convince the jury of their version of the "truth" before the defendent's fate is sealed. Every argument included here is a finely crafted verbal work of art - they represent the modern-day, highest form of an ancient profession and art: that of the storyteller. The only available collection of great closing arguments - complete with insightful analysis and biographical profiles of the lawyers involved - this fascinating volume gathers the passionate finales of the most celebrated cases in history. Included are the climactic closes to the Nuremberg War Trials; Gerry Spence's crusade against the Kerr-McGee Nuclear Power Plant after the mysterious death of Karen Silkwood; Vincent Bugliosi's successful prosecution of cult leader Charles Manson and his followers; the astounding acquittal of John Delorean despite video evidence of his offences and the prosecution resulting from the Mai Lai massacre.

Scalia

A Court of One

Author: Bruce Allen Murphy

Publisher: Simon and Schuster

ISBN: 0743296508

Category: Biography & Autobiography

Page: 672

View: 6370

A deeply researched portrait of the controversial Supreme Court justice includes coverage of his career achievements, his appointment in 1986 and his party-dividing resolve to support agendas from an ethical, rather than political, perspective.

The Oath

The Obama White House and the Supreme Court

Author: Jeffrey Toobin

Publisher: Anchor Books

ISBN: 0307390713

Category: Law

Page: 325

View: 3717

Presents an insider's account of the ideological war between the John Roberts Supreme Court and the Obama administration, tracing several landmark cases and the strong views that will be shaping the Court of the near future.

The Classical Liberal Constitution

Author: Richard A. Epstein

Publisher: Harvard University Press

ISBN: 0674726499

Category: Law

Page: 701

View: 3197

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.

Keeping Faith with the Constitution

Author: Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder

Publisher: Oxford University Press

ISBN: 9780199752836

Category: Political Science

Page: 272

View: 8008

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

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