Justices, Presidents, and Senators

A History of the U.S. Supreme Court Appointments from Washington to Bush II

Author: Henry Julian Abraham

Publisher: Rowman & Littlefield

ISBN: 9780742558953

Category: History

Page: 439

View: 1111

Explains how United States presidents select justices for the Supreme Court, evaluates the performance of each justice, and examines the influence of politics on their selection.
Posted in History

Supreme Democracy

The End of Elitism in Supreme Court Nominations

Author: Richard Davis

Publisher: Oxford University Press

ISBN: 0190656980

Category: Social Science

Page: 272

View: 1434

In the nineteenth and early twentieth centuries, Supreme Court nominations were driven by presidents, senators, and some legal community elites. Many nominations were quick processes with little Senate deliberation, minimal publicity and almost no public involvement. Today, however, confirmation takes 81 days on average-Justice Antonin Scalia's former seat has already taken much longer to fill-and it is typically a media spectacle. How did the Supreme Court nomination process become so public and so nakedly political? What forces led to the current high-stakes status of the process? How could we implement reforms to improve the process? In Supreme Democracy: The End of Elitism in the Supreme Court Nominations, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present. He examines the component parts of the nomination process one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, the news media, and public opinion. The most dramatic development, however, has been the democratization of politics. Davis delves into the constitutional underpinnings of the nomination process and its traditional form before describing a more democratic process that has emerged in the past half century. He details the struggle over image-making between supporters and opponents intended to influence the news media and public opinion. Most importantly, he provides a thorough examination of whether or not increasing democracy always produces better governance, and a better Court. Not only an authoritative analysis of the Supreme Court nomination process from the founding era to the present, Supreme Democracy will be an essential guide to all of the protracted nomination battles yet to come.
Posted in Social Science

Pursuit of Justices

Presidential Politics and the Selection of Supreme Court Nominees

Author: David Alistair Yalof

Publisher: University of Chicago Press

ISBN: 9780226945460

Category: Law

Page: 312

View: 4301

Yalof takes the reader behind the scenes of what happens before the Senate hearings to show how presidents decide who will sit on the highest court in the land. He draws on the papers of 7 modern presidents and firsthand interviews with key figures.
Posted in Law

Jewish Justices of the Supreme Court

From Brandeis to Kagan

Author: David G. Dalin

Publisher: Brandeis University Press

ISBN: 1512600148

Category: Social Science

Page: 384

View: 5073

Jewish Justices of the Supreme Court examines the lives, legal careers, and legacies of the eight Jews who have served or who currently serve as justices of the U.S. Supreme Court: Louis D. Brandeis, Benjamin Cardozo, Felix Frankfurter, Arthur Goldberg, Abe Fortas, Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan. David Dalin discusses the relationship that these Jewish justices have had with the presidents who appointed them, and given the judges' Jewish background, investigates the antisemitism some of the justices encountered in their ascent within the legal profession before their appointment, as well as the role that antisemitism played in the attendant political debates and Senate confirmation battles. Other topics and themes include the changing role of Jews within the American legal profession and the views and judicial opinions of each of the justices on freedom of speech, freedom of religion, the death penalty, the right to privacy, gender equality, and the rights of criminal defendants, among other issues.
Posted in Social Science

Presidents and their Justices

Author: Douglas Clouatre

Publisher: University Press of America

ISBN: 076185374X

Category: History

Page: 284

View: 2850

This book offers an innovative look at the relationship between a president and the Supreme Court justices they appoint. Based on a 2005 survey of historians, lawyers, and political scientists, the book delves into presidential Court appointments and how a justice's career affects a president's legacy.
Posted in History

The Senator and the Sharecropper

The Freedom Struggles of James O. Eastland and Fannie Lou Hamer

Author: Chris Myers Asch

Publisher: Univ of North Carolina Press

ISBN: 0807878057

Category: History

Page: 392

View: 9138

In this fascinating study of race, politics, and economics in Mississippi, Chris Myers Asch tells the story of two extraordinary personalities--Fannie Lou Hamer and James O. Eastland--who represented deeply opposed sides of the civil rights movement. Both were from Sunflower County: Eastland was a wealthy white planter and one of the most powerful segregationists in the U.S. Senate, while Hamer, a sharecropper who grew up desperately poor just a few miles from the Eastland plantation, rose to become the spiritual leader of the Mississippi freedom struggle. Asch uses Hamer's and Eastland's entwined histories, set against the backdrop of Sunflower County's rise and fall as a center of cotton agriculture, to explore the county's changing social landscape during the mid-twentieth century and its persistence today as a land separate and unequal. Asch, who spent nearly a decade in Mississippi as an educator, offers a fresh look at the South's troubled ties to the cotton industry, the long struggle for civil rights, and unrelenting social and economic injustice through the eyes of two of the era's most important and intriguing figures.
Posted in History

Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900 - 2010

Author: R. Sam Garrett

Publisher: DIANE Publishing

ISBN: 1437934277

Category:

Page: 48

View: 6050

Contents: (1) Recent Activity: Activity During 2010, 2009, and 2005-2006: Recent Nominations: Roberts, Miers, Alito; (2) Measuring the Pace of Supreme Court (SC) Appoint.; (3) How SC Vacancies Occur: Death of a Sitting Justice (SJ): Retirement or Resignation of a SJ; Nomination of a SJ to Another Position; Controversial, Withdrawn, and Rejected Nominations; (4) Date of Actual or Prospective Vacancy; Announcement-of-Nominee Date: Use of Medians to Summarize Intervals; The Duration of the Nomination-and-Confirmation Process: Changes Since 1981; Factors Influencing the Speed of the Process: How the Vacancy Occurs; The Senate¿s Schedule; Committee Involvement and Institutional Customs; Controversial Nominations.
Posted in

The Vinson Court

Justices, Rulings, and Legacy

Author: Michal R. Belknap

Publisher: ABC-CLIO

ISBN: 1576072010

Category: Law

Page: 290

View: 4981

Spanning the years from 1946 until 1953, the Vinson Court made the legal transition from World War II to the Korean War, and the outspoken justices Felix Frankfurter and Hugo Black helped shape its legacy. * Four narrative chapters on the justices, decisions, and legacy of the Vinson Court * 12 photographs and biographies of the justices who served on the Vinson Court
Posted in Law

Supreme Court Confirmation Hearings and Constitutional Change

Author: Paul M. Collins,Lori A. Ringhand

Publisher: Cambridge University Press

ISBN: 1107039703

Category: Law

Page: 314

View: 3104

Demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional change.
Posted in Law

The Supreme Court in a Separation of Powers System

The Nation's Balance Wheel

Author: Richard Pacelle

Publisher: Routledge

ISBN: 1136657797

Category: LAW

Page: 328

View: 5457

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 Court’s 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 Court’s 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.
Posted in LAW

The Fuller Court

Justices, Rulings, and Legacy

Author: James W. Ely

Publisher: ABC-CLIO

ISBN: 1576077144

Category: Law

Page: 318

View: 7031

Explores the era, justices, key events, and decisions in landmark Supreme Court cases under Chief Justice Melville W. Fuller, including the creation of the Sherman Act, and the Pure Food and Drug Act.
Posted in Law

The Handy Supreme Court Answer Book

Author: David L Hudson

Publisher: Visible Ink Press

ISBN: 157859264X

Category: Law

Page: 512

View: 6515

From the origins of the court to modern practical matters—including the federal judiciary system, the Supreme Court’s session schedule, and the argument, decision, and appeal process—this resource provides detailed answers on all aspects of the Supreme Court. Exploring the social, cultural, and political atmosphere in which judges are nominated and serve, this guide book answers questions such as When did the tradition of nine justices on the bench begin? When did the practice of hiring law clerks to assist with legal research and writing begin? and How do cases reach the Supreme Court? Details on historic decisions—including Marbury v. Madison, Brown v. Board of Education, Miranda v. Arizona, and Bush v. Gore—accompany a thorough history of all 17 Supreme Court Chief Justices.
Posted in Law

Strategic Selection

Presidential Nomination of Supreme Court Justices from Herbert Hoover Through George W. Bush

Author: Christine L. Nemacheck

Publisher: University of Virginia Press

ISBN: 9780813927435

Category: Political Science

Page: 187

View: 3510

The process by which presidents decide whom to nominate to fill Supreme Court vacancies is obviously of far-ranging importance, particularly because the vast majority of nominees are eventually confirmed. But why is one individual selected from among a pool of presumably qualified candidates? In Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush, Christine Nemacheck makes heavy use of presidential papers to reconstruct the politics of nominee selection from Herbert Hoover’s appointment of Charles Evan Hughes in 1930 through President George W. Bush’s nomination of Samuel Alito in 2005. Bringing to light firsthand evidence of selection politics and of the influence of political actors, such as members of Congress and presidential advisors, from the initial stages of formulating a short list through the president’s final selection of a nominee, Nemacheck constructs a theoretical framework that allows her to assess the factors impacting a president’s selection process. Much work on Supreme Court nominations focuses on struggles over confirmation, or is heavily based on anecdotal material and posits the "idiosyncratic" nature of the selection process; in contrast, Strategic Selection points to systematic patterns in judicial selection. Nemacheck argues that although presidents try to maximize their ideological preferences and minimize uncertainty about nominees’ conduct once they are confirmed, institutional factors that change over time, such as divided government and the institutionalism of the presidency, shape and constrain their choices. By revealing the pattern of strategic action, which she argues is visible from the earliest stages of the selection process, Nemacheck takes us a long way toward understanding this critically important part of our political system.
Posted in Political Science

Supreme Court Appointment Process

Roles of the President, Judiciary Committee, and Senate

Author: Denis Stevens Rutkus

Publisher: DIANE Publishing

ISBN: 1437931790

Category:

Page: 60

View: 5011

Contents: (1) Pres. Selection of a Nominee: Senate Advice; Advice from Other Sources; Criteria for Selecting a Nominee; Background Invest.; Recess Appoint. to the Court; (2) Consid. by the Senate Judiciary Comm.: Background: Senators Nominated to the Court; Open Hear.; Nominee Appear. at Confirm. Hear.; Comm. Involvement in Appoint. Process; Pre-Hearing Stage; Hearings; Reporting the Nomin.; (3) Senate Debate and Confirm. Vote; Bringing Nomin. to the Floor; Evaluate Nominees; Filibusters and Motions to End Debate; Voice Votes, Roll Calls, and Vote Margins; Reconsid. of the Confirm. Vote; Nomin. That Failed to be Confirmed; Judiciary Comm. to Further Examine the Nomin.; After Senate Confirm.
Posted in

Franklin D. Roosevelt and the Transformation of the Supreme Court

Author: Stephen K. Shaw,William D. Pederson,Frank J. Williams

Publisher: M.E. Sharpe

ISBN: 9780765610331

Category: History

Page: 271

View: 7402

Franklin D. Roosevelt appointed ten justices to the U.S. Supreme Court - more than any president except Washington - and during his presidency from 1933 to 1945, the Court gained more visibility, underwent greater change, and made more landmark decisions than it had in its previous 150 years of existence. FDR challenged, confronted, and ultimately transformed the Supreme Court from a conservative, anti-interventionist institution opposed to government involvement in the economy to a liberal, activist Court that expanded government powers, protected civil liberties, and promoted civil rights. This collection of ten essays examines FDR's influence on the Supreme Court and the Court's growing influence on American life during his presidency. Subjects include the court-packing fight of 1937, the impact of the New Deal on the Court, key FDR appointments (Hugo Black, Felix Frankfurter, and William O. Douglas), and the Roosevelt Court's enduring legacy.
Posted in History

The American Senate

An Insider's History

Author: Neil MacNeil,Richard A. Baker

Publisher: Oxford University Press

ISBN: 0195367618

Category: History

Page: 455

View: 5910

Shares the history of the United States Senate, including its struggles with the presidency, its investigative power, and how filibustering became a common practice.
Posted in History

The Taft Court

Justices, Rulings, and Legacy

Author: Peter G. Renstrom

Publisher: ABC-CLIO

ISBN: 1576072800

Category: History

Page: 331

View: 467

Provides a review of the major decisions of the Taft Court along with discussions of each justice and an analysis of the historical impact of the Court.
Posted in History

An Essential Safeguard

Essays on the United States Supreme Court and Its Justices

Author: D. Grier Stephenson

Publisher: Praeger Pub Text

ISBN: N.A

Category: Law

Page: 178

View: 7394

This collection examines the record of current and recent Supreme Court justices in fashioning the Constitution and looks at the larger political context in which their work occurred. Eight distinguished Supreme Court scholars focus on current Justices O'Connor and Rehnquist as well as on several from the recent past--Justices Douglas, Black, and Harlan. Stephenson's introductory essay presents an overview of the Court's role in American government today. The volume makes a complex subject both accessible to general readers and interesting to experts.
Posted in Law

The White Court

Justices, Rulings, and Legacy

Author: Rebecca S. Shoemaker

Publisher: ABC-CLIO

ISBN: 1576079732

Category: Law

Page: 309

View: 1802

An in-depth examination of the U.S. Supreme Court under the 11-year reign of Chief Justice Edward Douglass White. * A–Z entries on key people, laws, cases, events, and concepts such as Oliver Wendell Holmes, Hipolite Egg Co. v. United States, and Standard Oil of New Jersey v. United States * Appendix with excerpts from primary documents of key cases decided during the White Court tenure
Posted in Law

Birth Order and Political Behavior

Author: Albert Somit,Alan Arwine,Steven A. Peterson

Publisher: University Press of America

ISBN: 9780761801344

Category: Political Science

Page: 159

View: 6364

This book provides a careful examination of the possible influence of birth order on political achievement and behavior. The authors look at American presidents, Supreme Court justices, United States senators and representatives, and the careers of an entire West Point class. For a comparative dimension, they also study British Prime Ministers, U.N. Secretaries General, post-Renaissance popes, leaders of the U.S.S.R., and great generals through the ages. What the authors find is that there is no measurable relationship between birth order (and being first born) and political achievement and behavior. These findings cast considerable doubt on the long standing belief that birth order has an important impact on either achievement or behavior. The authors clarify that very few studies suggesting such a relationship do not stand up under careful scrutiny. This basic conclusion and other curious findings from the study make Birth Order And Political Behavior insightful reading for almost any behavioral scientist. The book will also be relevant to courses in child development, clinical psychology, psychiatry, political science, anthropology, and sociology.
Posted in Political Science