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The Making of a Supreme Court Justice: The Reclamation of America's Constitutional System of Checks and Balances

Author : Hal Moroz
Publisher : Independently Published
Page : 348 pages
File Size : 41,8 MB
Release : 2019-01-23
Category : Law
ISBN : 9781793992994

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We no longer have a Constitutional system of checks and balances. Darkness has descended upon the Judiciary, starting in the United States Supreme Court and cascading down to our state courts, affecting even my beloved Georgia Supreme Court, where I have practiced the law with regularity. Our modern Judiciary has strayed from the narrowly defined role given it by the Framers, and has set out on a new progressive course, piloted by activist judges and justices, to divine laws that are anathema to the Constitution. It is a usurpation of the charter established by our Founding Fathers, and an affront to the God-given rights enumerated in our Constitution. In the words of the late, great Justice Antonin Scalia in his 2015 Obergefell dissent, "This is a naked judicial claim to legislative-indeed, super-legislative-power; a claim fundamentally at odds with our system of government...A system of government that makes the People subordinate." We the People must ensure that all who would serve in the Judiciary strictly interpret the Constitution, and not substitute their will for the Law. Our future generations will reap the rewards or suffer the consequences of the choices we now make. Let us decide well, having the knowledge and the wisdom to choose wisely. This is what "The Making of a Supreme Court Justice" is all about.

The Supreme Court and Constitutional Democracy

Author : John Agresto
Publisher : Cornell University Press
Page : 184 pages
File Size : 50,52 MB
Release : 2016-10-15
Category : Law
ISBN : 1501712918

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In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.

Breaking Trust With the Constitution

Author : Hal Moroz
Publisher : Createspace Independent Publishing Platform
Page : 574 pages
File Size : 49,8 MB
Release : 2016-01-04
Category :
ISBN : 9781523227433

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We no longer have a Constitutional system of checks and balances. SCOTUS in its 2015 King and Obergefell decisions proved that, but it's not over. Marbury v. Madison, 5 U.S. 137 (1803) was the landmark Supreme Court case that established the doctrine of Judicial Review and set in stone the system of checks and balances that are articulated in the United States Constitution. However, on June 25, 2015, the Supreme Court finally and completely broke trust with that precedent, the United States Constitution, and We the People of America! In King v. Burwell, the Supreme Court changed the express words of the legislation passed by the U.S. Congress, and substituted their will for the Law. The very next day, in Obergefell v. Hodges, the Supreme Court again broke trust and usurped the Constitutional jurisdiction of the states and the people, and rewrote 5,000 years of an established definition of marriage and fabricated Constitutional protections for a deviant class it supported. In the words of Justice Antonin Scalia in his Obergefell dissent, "This is a naked judicial claim to legislative-indeed, super-legislative-power; a claim fundamentally at odds with our system of government...A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy." "Breaking Trust with the Constitution" tracks the high Court's rise and fall ... and possible reclamation!

The Pursuit of Justice

Author : Kermit L. Hall
Publisher : Oxford University Press
Page : 257 pages
File Size : 47,50 MB
Release : 2006-12
Category : History
ISBN : 0195311892

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Reviews and discusses landmark cases heard by the United States Supreme court from 1803 through 2000.

The Supreme Court in the American System of Government

Author : Robert H. Jackson
Publisher :
Page : 114 pages
File Size : 29,7 MB
Release : 1955
Category : Political Science
ISBN :

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These essays were written as part of a lecture series, to be delivered by Mr. Jackson, who would serve as the Godkin Lecturer at Harvard University for the academic year 1654-1955. Mr. Jackson died suddenly on October 9, 1954, leaving the third lecture incomplete.

The Role of the Supreme Court in American Government

Author : Archibald Cox
Publisher : Oxford University Press, USA
Page : 132 pages
File Size : 34,9 MB
Release : 1977
Category : History
ISBN : 9780195199093

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"Consists ... of the four Chichele lectures delivered at Oxford University under the auspices of All Souls College early in 1975"--Preface

First Among Equals

Author : Kenneth W. Starr
Publisher : Grand Central Publishing
Page : 224 pages
File Size : 22,59 MB
Release : 2008-12-14
Category : Law
ISBN : 0446554162

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Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In First Among Equals Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, First Among Equals sheds new light on the most frequently misunderstood legal pillar of American life.

A Constitutional History of the U.S. Supreme Court

Author : Richard Regan
Publisher : CUA Press
Page : 408 pages
File Size : 16,82 MB
Release : 2015
Category : Law
ISBN : 0813227216

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The Supreme Court s decisions concerning the first amendment are hotly debated, and the controversy shows no signs of abating as additional cases come before the court. Adding much-needed historical and philosophical background to the discussion, Richard J. Regan reconsiders some of the most important Supreme Court cases regarding the establishment clause and the free exercise of religion.

American Government 3e

Author : Glen Krutz
Publisher :
Page : 0 pages
File Size : 40,37 MB
Release : 2023-05-12
Category :
ISBN : 9781738998470

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Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.