the burger court and the rise of the judicial right

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The Burger Court And The Rise Of The Judicial Right

Author : Michael J. Graetz
ISBN : 9781476732527
Genre : History
File Size : 73. 64 MB
Format : PDF
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Washington Post Notable Nonfiction Book of the Year A fresh and revelatory look at the Warren Burger Supreme Court finds that it was not a “moderate” or transitional court, as often portrayed, but a conservative one that still defines the constitutional landscape we live in today. 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 liberal Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as Michael J. Graetz and Linda Greenhouse show, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Even while declaring a right to abortion in Roe v. Wade, it drew the line at government funding for poor women. The authors excavate the roots of the most significant Burger Court decisions and show how their legacy affects us today. The most comprehensive evaluation of the Burger Supreme Court ever written for a general audience, The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to reveal how the Court shaped its major decisions. It will surprise even legal scholars and historians with its insights into a period that has received too little attention from either.

The Burger Court And The Rise Of The Judicial Right

Author : Michael J. Graetz
ISBN : 9781476732503
Genre : History
File Size : 80. 80 MB
Format : PDF, ePub, Mobi
Download : 132
Read : 875

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A fresh and revelatory look at the Warren Burger Supreme Court finds that it was not a “moderate” or transitional court, as often portrayed, but a conservative one that still defines the constitutional landscape we live in today. 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 liberal Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as Michael J. Graetz and Linda Greenhouse show, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Even while declaring a right to abortion in Roe v. Wade, it drew the line at government funding for poor women. The authors excavate the roots of the most significant Burger Court decisions and show how their legacy affects us today. The most comprehensive evaluation of the Burger Supreme Court ever written for a general audience, The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to reveal how the Court shaped its major decisions. It will surprise even legal scholars and historians with its insights into a period that has received too little attention from either.

The U S Supreme Court A Very Short Introduction

Author : Linda Greenhouse
ISBN : 9780199930067
Genre : History
File Size : 40. 91 MB
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For thirty years, Linda Greenhouse, the Pulitzer Prize-winning author of The U.S. Supreme Court: A Very Short Introduction, chronicled the activities of the justices as the Supreme Court correspondent for the New York Times. In this concise volume, she draws on her deep knowledge of the court's history as well as of its written and unwritten rules to show the reader how the Supreme Court really works.

Louis D Brandeis

Author : Jeffrey Rosen
ISBN : 9780300160444
Genre : Biography & Autobiography
File Size : 35. 62 MB
Format : PDF
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According to Jeffrey Rosen, Louis D. Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.

Becoming Justice Blackmun

Author : Linda Greenhouse
ISBN : 1429900407
Genre : Biography & Autobiography
File Size : 69. 13 MB
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A Pulitzer Prize-winning correspondent with unprecedented access to the inner workings of the U.S. Supreme Court chronicles the personal transformation of a legendary justice From 1970 to 1994, Justice Harry A. Blackmun (1908-1999) wrote numerous landmark Supreme Court decisions, including Roe v. Wade, and participated in the most contentious debates of his era-all behind closed doors. In Becoming Justice Blackmun, Linda Greenhouse of The New York Times draws back the curtain on America's most private branch of government and reveals the backstage story of the Supreme Court through the eyes and writings of this extraordinary justice. Greenhouse was the first print reporter to have access to Blackmun's extensive archive and his private and public papers. From this trove she has crafted a compelling narrative of Blackmun's years on the Court, showing how he never lost sight of the human beings behind the legal cases and how he was not afraid to question his own views on such controversial issues as abortion, the death penalty, and sex discrimination. Greenhouse also tells the story of how Blackmun's lifelong friendship with Chief Justice Warren E. Burger withered in the crucible of life on the nation's highest court, revealing how political differences became personal, even for the country's most respected jurists. Becoming Justice Blackmun, written by America's preeminent Supreme Court reporter, offers a rare and wonderfully vivid portrait of the nation's highest court, including insights into many of the current justices. It is a must-read for everyone who cares about the Court and its impact on our lives.

Engines Of Liberty

Author : David Cole
ISBN : 9780465098514
Genre : Political Science
File Size : 54. 16 MB
Format : PDF, Kindle
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From an award-winning legal scholar, a stirring argument about the central role of citizen activists in shaping our nation’s constitutional law Who determines whether gay Americans can marry? Who says whether citizens can own guns? And who decides on the fate of prisoners taken in the War on Terror? Most Americans would answer: the Supreme Court. While the rest of us stand by waiting for their decisions, the nine justices decide the fate of our freedoms. Overturning this conventional wisdom, David Cole argues that citizen activists are the true drivers of constitutional change. He shows that time and time again, associations of ordinary Americans have persuaded a majority of the justices to adopt their point of view and transform constitutional law. Revealing the tactics successful causes adopt, Cole offers a guidebook for anyone seeking social change, as well as a deeper understanding of how our Constitution actually works. An unexpected account of the power of small groups of committed people, The Spirit of Liberty is essential reading for anyone who has lost faith in political activism in our era of gridlock.

Dissent And The Supreme Court

Author : Melvin I. Urofsky
ISBN : 9781101870631
Genre : Law
File Size : 51. 29 MB
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From the admired judicial authority, author of Louis D. Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States. Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. In Dissent and the Supreme Court, he explores the great dissents throughout the Court’s 225-year history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court’s majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis’s dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice John Harlan in Plessy v. Ferguson (1896)—that segregation on the basis of race violated the Constitution—in Brown v. Board of Education (1954). Urofsky shows that the practice of dissent grew slowly but steadily and that in the nineteenth century dissents became more frequent. In the (in)famous case of Dred Scott v. Sanford (1857), Chief Justice Roger Taney’s opinion upheld slavery, declaring that blacks could never be citizens. The justice received intense condemnations from several of his colleagues, but it took a civil war and three constitutional amendments before the dissenting view prevailed and Dred Scott was overturned. Urofsky looks as well at the many aspects of American constitutional life that were affected by the Earl Warren Court—free speech, race, judicial appointment, and rights of the accused—and shows how few of these decisions were unanimous, and how the dissents in the earlier cases molded the results of later decisions; how with Roe v. Wade—the Dred Scott of the modern era—dissent fashioned subsequent decisions, and how, in the Court, a dialogue that began with the dissents in Roe has shaped every decision since. Urofsky writes of the rise of conservatism and discusses how the resulting appointments of more conservative jurists to the bench put the last of the Warren liberals—William Brennan and Thurgood Marshall—in increasingly beleaguered positions, and in the minority. He discusses the present age of incivility, in which reasoned dialogue seems less and less possible. Yet within the Marble Palace, the members of the Supreme Court continue to hear arguments, vote, and draft majority opinions, while the minority continues to “respectfully dissent.” The Framers understood that if a constitution doesn’t grow and adapt, it atrophies and dies, and if it does, so does the democratic society it has supported. Dissent—on the Court and off, Urofsky argues—has been a crucial ingredient in keeping the Constitution alive and must continue to be so. (With black-and-white illustrations throughout.) From the Hardcover edition.

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