Get American Politicians Confront the Court: Opposition Politics PDF

By Stephen M. Engel

ISBN-10: 0521153980

ISBN-13: 9780521153980

Politicians have lengthy puzzled, or perhaps been overtly adversarial to, the legitimacy of judicial authority, yet that authority turns out to became safer over the years. What explains the recurrence of hostilities and but the safety of judicial strength? Addressing this question anew, Stephen Engel issues to the sluggish popularity of dissenting perspectives of the structure, that's, the legitimacy and loyalty of reliable competition. Politicians' altering notion of the chance posed via competition inspired how manipulations of judicial authority took form. As politicians' perspectives towards competition replaced over the years, their process towards the judiciary - the place competition may turn into entrenched - replaced in addition. as soon as competition was once not visible as a basic possibility to the Constitution's survival, and a number of constitutional interpretations have been thought of valid, judicial energy may be construed much less because the seat of an illegitimate competition and extra as an tool to accomplish political ends. Politicians have been prone to harness it to serve their goals than to brazenly undermine its legitimacy. briefly, conflicts among the elected branches and the judiciary haven't subsided. they've got replaced shape. they've got shifted from measures that undermine judicial legitimacy to measures that harness judicial strength for political ends. Engel's e-book brings our knowing of those manipulations into line with different advancements, comparable to the institution of political events, the popularity of unswerving competition, the advance of alternative modes of constitutional interpretation, and the emergence of rights-based pluralism.

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Additional info for American Politicians Confront the Court: Opposition Politics and Changing Responses to Judicial Power

Sample text

This is precisely where regime models and strategic interest-based models come up short. I advance the insights of these different strands of scholarship with an alternative synthesis, one that brings the development of norms to bear on politicians’ preferences, interests, and strategies. ╇ Manipulating the Court:€Undermining Judicial Legitimacy or Harnessing Judicial Power As a first step toward re-conceptualizing the politics of hostility toward the judiciary, we might consider what an attack on judicial power actually is.

44 More specifically, Geyh points to three manifestations of this norm. First, the Senate’s acquittal of Justice Samuel Chase in 1805, despite the House’s impeachment, is an alleged initial encounter with the norm. ”47 On the basis of these indicators, Geyh argues that the norm strengthened over time thereby explaining the decline of judicial impeachments and why jurisdictionstripping campaigns increasingly seem to fall flat. However, each of these manifestations can be explained without postulating a norm of deference to judicial authority.

The Supreme Court did not cite the case to support judicial review until 1887. Robert Clinton, “Precedent as Mythology:€A Reinterpretation of Marbury v. Madison,” American Journal of Jurisprudence 35 (1990), 55. The Court cited Marbury in Mugler v. S. 623 (1887), but as Clinton points out, “The Mugler reference is an obvious misreading of Marbury. ” (56) 42 Geyh, 5. , 11, 18–21, 253–82. Beyond the Countermajoritarian Difficulty 29 authority must follow, especially if the issue of judicial power does not hold public attention.

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American Politicians Confront the Court: Opposition Politics and Changing Responses to Judicial Power by Stephen M. Engel


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