The United States Supreme Court
A Political and Legal Analysis, Second Edition
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The United States Supreme Court plays a controversial role in American politics. Although it takes the form of a legal body, there are those who claim that it acts from political motives and that the Justices are simply 'politicians in judges' robes'. This book challenges that view, arguing that the Court has a dual nature - part legal and part political. Beginning with a complete account of the Court, from its origins to the present day, the book proceeds to examine all the legal aspects, including how cases arise, different theories of constitutional interpretation and the constraints placed...
The United States Supreme Court plays a controversial role in American politics. Although it takes the form of a legal body, there are those who claim that it acts from political motives and that the Justices are simply 'politicians in judges' robes'. This book challenges that view, arguing that the Court has a dual nature - part legal and part political. Beginning with a complete account of the Court, from its origins to the present day, the book proceeds to examine all the legal aspects, including how cases arise, different theories of constitutional interpretation and the constraints placed upon the Justices by judicial process. It then goes on to analyse the political factors involved in the Court's decisions, including the politics of appointments, the role of interest groups and public opinion and the ideologies of the Justices themselves. Each of the seven chapters is self-contained and fully accessible in its own right. Chapter 1, for example, provides a survey of the contemporary Court, its major cases through to the end of the 2014-15 term and the political dynamics behind contending liberal and conservative forces operating in and around the Court. Chapter 5 provides a detailed analysis of the politics of appointments and the battles that modern presidents have fought to try to control the Court. Chapters 6 and 7 bring together the various legal and political powers of the Court that determine its role in the American system of government. Sophisticated but accessible, The United States Supreme Court will be of interest to students of American politics and American constitutional law at all levels, as well as those who teach them.
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