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Supreme Court in a Separation of Powers System: The Nation's Balance Wheel [Kõva köide]

(Georgia Southern University, USA)
  • Formaat: Hardback, 326 pages, kõrgus x laius: 229x152 mm, kaal: 566 g, 11 Tables, black and white
  • Ilmumisaeg: 19-Jan-2015
  • Kirjastus: Routledge
  • ISBN-10: 0415894298
  • ISBN-13: 9780415894296
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Supreme Court in a Separation of Powers System: The Nation's Balance WheelSuurem pilt
  • Formaat: Hardback, 326 pages, kõrgus x laius: 229x152 mm, kaal: 566 g, 11 Tables, black and white
  • Ilmumisaeg: 19-Jan-2015
  • Kirjastus: Routledge
  • ISBN-10: 0415894298
  • ISBN-13: 9780415894296
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9780415894296.html
Märksõnad:
The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Courts work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people.

Pacelle analyzes the Courts interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system.

Arvustused

"The splendid isolation in which the Supreme Court operates is a myth, as this volume makes clear. A range of external actors and influences affect the behavior of the Supreme Court, and failing to properly appreciate this fact runs the risk of seriously misunderstanding the institution. Professor Pacelle offers readers a comprehensive view of the Court in context, one marked by both depth and breadth, and does so with his usual flair and style." Wendy L. Martinek, Binghamton University.

"The Supreme Court in a Separation of Powers System is an accessible and engaging look at the role of the Court in American politics. It stands out for its careful consideration of the Courts interactions with the other branches of government, the public, interest groups, and lower courts. This is a rare feat and a most welcome addition to the field." Paul Collins University of Massachusetts, Amherst

" Pacelle includes a rich array of institutional literature beyond public law and judicial behavior and encourages readers to take different routes through the book, depending upon the readers' methodological comfort and interest....Pacelles analysis remains convincing because both orientations have strained, but not broken, the Supreme Courts legitimacy. This comprehensive treatment flows with a direct, even cheeky, writing style."--J. Farrier, University of Louisville

List of Figures
x
List of Tables
xi
Acknowledgements xii
Introduction: Recalculating: Getting to the Supreme Court with a GPS 1(7)
Acquiring Satellites
2(1)
Research Design
3(3)
In .2 Miles, Prepare to Turn Right
6(2)
1 The Supreme Court: The Nation's Balance Wheel?
8(23)
The Design of the Framers and the New Normal
12(3)
Understanding Decision Making by the Supreme Court
15(1)
Making Public Policy and Protecting Legitimacy
16(5)
A First Test of the Decision-Making Model
21(3)
A Quick Look Ahead
24(1)
Conclusion
25(3)
Appendix to
Chapter 1
28(3)
2 The Supreme Court and the President: An "Informal and Limited Alliance"
31(28)
"He Shall Nominate..."
33(5)
"He Shall Take Care That the Laws Be Faithfully Executed"
38(2)
"To Supervise and Conduct Government Litigation"
40(3)
"An Informal and Limited Alliance"
43(2)
1.81 Miles, But Sometimes It Seems Much Closer
45(5)
The Umpire Strikes Back
50(3)
Conclusion
53(3)
Appendix to
Chapter 2
56(3)
3 The Supreme Court and Congress: The First Shall Be Last, Will the Last Be First?
59(31)
Congress and the Supreme Court
62(2)
The Panoply of Checks
64(7)
The View from Capitol Hill
71(7)
The House and the Senate
78(1)
What? We Worry?
79(2)
Conclusion
81(3)
Appendix to
Chapter 3
84(6)
4 The Supreme Court and the Bureaucracy: The Clash of Kafkaesque Forces?
90(39)
The Bureaucracy: Perception and Reality
95(2)
The Courts and the Bureaucracy: The Real Powers?
97(1)
Politics and the Bureaucracy
98(2)
The Making of the Modern Supreme Court and the Implications for the Bureaucracy
100(3)
The Evolution of Administrative Law
103(2)
Who's the Boss? Congress or the President?
105(2)
The Third Way? Judicial Control of the Bureaucracy
107(1)
Models of Bureaucratic Behavior
108(2)
The Shifting Standards of Review
110(4)
The Role of the Solicitor General
114(5)
After the Decision: The Bureaucratic Response
119(3)
Conclusion
122(3)
Appendix to
Chapter 4
125(4)
5 The Supreme Court and Public Opinion: The Two Faces of Janus
129(38)
The Public and the Temple
134(2)
Should the Court Pay Attention to the Public?
136(2)
To Not Know the Supreme Court Is to Love the Supreme Court: Specific and Diffuse Support
138(6)
The Gravitational Pull of the Ruling Majority
144(3)
Looking for Janus (the Retrospective Face)
147(4)
The Supreme Court Cares About the Elites, Not About You
151(4)
The New School of Athens and the Second Face of Janus
155(4)
Conclusion
159(4)
Appendix to
Chapter 5
163(4)
6 "Lobbying" the Judicial Branch: May it Please the Court?
167(43)
Because That's Where They Make the Policy
172(1)
Interest Groups, Pluralism, and Political Litigation
173(5)
Parting the Curtains and Opening the Door: The Dance of Litigation
178(8)
Why Do You Think They Call Them "The Haves"
186(3)
The Special Case of the Solicitor General: The Ultimate Repeat Player
189(6)
Jenga!!!
195(4)
Conclusion
199(5)
Appendix to
Chapter 6
204(6)
7 The Supreme Court and the Lower Courts: A Bureaucracy to Call Your Own
210(42)
The Circle of Law
214(2)
If the Courts of Appeals Make a Decision and No One Is Listening, It Still Makes a Sound
216(1)
Of Principles and Principals: There Is No "I" in Team, But There Is "Me"
217(5)
"What Am I? A Potted Plant"
222(4)
It's 3:00 A.M. and No One Is Around
226(1)
Up the Down Staircase
227(4)
Issue Framing and Setting the Agenda
231(4)
Lower Courts: The Interpreting Population
235(2)
The Conditions for Faithful Interpretation and Implementation
237(4)
Holding the Line
241(1)
Lead, Follow, or Get Out of the Way
242(2)
Conclusion
244(3)
Appendix to
Chapter 7
247(5)
8 Conclusion
252(13)
Managing the Court's Environment
255(2)
I Knew I Forgot Something: Where's the Law?
257(2)
The Delicate Balance
259(3)
A Quick Trip Through the Modern Court
262(2)
Opening Farewell
264(1)
Cases Cited 265(2)
Bibliography 267(32)
Subject Index 299(6)
Name Index 305
Richard L. Pacelle, Jr., is Professor and Head of the Department of Political Science at the University of Tennesse. His research focuses on the U.S. Supreme Court and he is the recipient of numerous awards for both teaching and scholarship.