[PDF] Judicial Review And American Conservatism eBook

Author : Robert Daniel Rubin
Publisher : Cambridge University Press
Page : 359 pages
File Size : 42,60 MB
Release : 2017-03-20
Category : History
ISBN : 1108161626

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The Christian Right of the 1980s forged its political identity largely in response to what it perceived as liberal 'judicial activism'. Robert Daniel Rubin tells this story as it played out in Mobile, Alabama. There, a community conflict pitted a group of conservative evangelicals, a sympathetic federal judge, and a handful of conservative intellectuals against a religious agnostic opposed to prayer in schools, and a school system accused of promoting a religion called 'secular humanism'. The twists in the Mobile conflict speak to the changes and continuities that marked the relationship of 1980s' religious conservatism to democracy, the courts, and the Constitution. By alternately focusing its gaze on the local conflict and related events in Washington, DC, this book weaves a captivating narrative. Historians, political scientists, and constitutional lawyers will find, in Rubin's study, a challenging new perspective on the history of the Christian Right in the United States.

Author : Johnathan O'Neill
Publisher : JHU Press
Page : 398 pages
File Size : 34,44 MB
Release : 2022-11-29
Category : History
ISBN : 1421444623

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"In this work of intellectual history, the author identifies four transformations in federal goverrnment that followed the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to each transformation"--

Author : William E. Nelson
Publisher : University Press of Kansas
Page : 192 pages
File Size : 48,61 MB
Release : 2024-06-26
Category : Law
ISBN : 0700636641

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The period between 1860 and 1920—inclusive of the Gilded Age and much of the Lochner era in legal history—is typically regarded as the heyday of conservative jurisprudence. According to this received wisdom, conservative judges and much of the legal profession were on the side of big business and the rich. Judges in this period subscribed to “classical” legal thought, and it was only when this was supplanted by “progressive” legal thought that courts reached decisions critical of business. Renowned legal historian William E. Nelson seeks to correct this narrative by examining in close detail the work of judges in the single jurisdiction of New York as well as the rulings of US Supreme Court justices. What he finds is another type of conservatism besides the one that favors the rich. Instead, the judges in this period often reached decisions that were critical of business. Many of their accomplishments were forward-looking and progressive in character but conservative for another reason: they rigidly followed precedent, with only occasional exceptions. While some legal realists see the emphasis on precedent as a veneer to hide the judges’ policy preferences, Nelson shows that this explanation does not fit the evidence. The judges had no consistent policy preferences, and their decisions favored a wide array of policies. Two Forms of Conservatism is the work of an expert historian with an eye for detail and a deep understanding of legal thought. He shows that these New York judges, who were quite conservative regarding the law, nevertheless laid the foundation for the liberalism of later political leaders.

Author : Thomas M. Keck
Publisher : University of Chicago Press
Page : 394 pages
File Size : 20,94 MB
Release : 2010-02-15
Category : Political Science
ISBN : 0226428869

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When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.

Author : Sanford V. Levinson
Publisher : NYU Press
Page : 458 pages
File Size : 39,98 MB
Release : 2016-05-17
Category : Political Science
ISBN : 1479865184

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A collection of essays that unpacks the history, nature, development, and beliefs of American Conservatism The topic of American conservatism is especially timely—and perhaps volatile. Is there what might be termed an “exceptional” form of conservatism that is characteristically American, in contrast to conservatisms found in other countries? Are views that are identified in the United States as conservative necessarily congruent with what political theorists might classify under that label? Or does much American conservatism almost necessarily reflect the distinctly liberal background of American political thought? In American Conservatism, a distinguished group of American political and legal scholars reflect on these crucial questions, unpacking the very nature and development of American conservative thought. They examine both the historical and contemporary realities of arguments offered by self-conscious conservatives in the United States, offering a well-rounded view of the state of this field. In addition to synoptic overviews of the various dimensions of American conservative thought, specific attention is paid to such topics as American constitutionalism, the role of religion and religious institutions, and the particular impact of the late Leo Strauss on American thought and thinkers. Just as American conservatism includes a wide, and sometimes conflicting, group of thinkers, the essays in this volume themselves reflect differing and sometimes controversial assessments of the theorists under discussion.

Author : Steven Michael Teles
Publisher :
Page : 339 pages
File Size : 28,31 MB
Release : 2008-01-01
Category : Law
ISBN : 9780691122083

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Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.

Author : Richard A. Brisbin
Publisher : JHU Press
Page : 494 pages
File Size : 19,4 MB
Release : 1998-09-25
Category : Biography & Autobiography
ISBN : 9780801860942

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The most comprehensive study of Justice Scalia's politics and jurisprudence yet published, Justice Antonin Scalia and the Conservative Revival joins a vital discussion on contemporary American conservatism and the use of the law to restrain or undermine the New Deal state.

Author : Alfred S. Regnery
Publisher : Simon and Schuster
Page : 434 pages
File Size : 26,23 MB
Release : 2008-02-12
Category : Political Science
ISBN : 141658840X

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Alfred S. Regnery, the publisher of The American Spectator, has been a part of the American conservative movement since childhood, when his father founded The Henry Regnery Company, which subsequently became Regnery Publishing -- the preeminent conservative publishing house that, among other notable achievements, published William F. Buckley's first book, God and Man at Yale. Including many uniquely personal anecdotes and stories, Regnery himself now boldly chronicles the development of the conservative movement from 1945 to the present. The outpouring of grief at the funeral of Ronald Reagan in 2004 -- and the acknowledgment that Reagan has come to be considered one of the greatest presidents of the twentieth century -- is Regnery's opening for a fascinating insider story. Beginning at the start of the twentieth century, he shows how in the years prior to and just post World War II, expanding government power at home and the expanding Communist empire abroad inspired conservatives to band together to fight these threats. The founding of the National Review, the drive to nominate Barry Goldwater first as vice-president and later as president, the apparent defeat of the conservative movement at the hands of Lyndon Johnson, and the triumphant rise of Ronald Reagan from the ashes are all chronicled in vivid prose that shows a uniquely intimate knowledge of the key figures. Regnery shares his views on the opposition that formed in response to Earl Warren's Supreme Court rulings, the role of faith (both Roman Catholic and Evangelical) in the renewed vigor of conservatism, and the contributing role of American businessmen who attempted to oppose big government. Upstream ultimately gives perspective to how the most vibrant political and cultural force of our time has influenced American culture, politics, economics, foreign policy, and all institutions and sectors of American life.