Constitutional Dysfunction on Trial

Constitutional Dysfunction on Trial
Author: Jasmine Farrier
Publisher: Cornell University Press
Total Pages: 199
Release: 2019-12-15
Genre: Law
ISBN: 1501744461

In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes. As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.

Constitutional Dysfunction on Trial

Constitutional Dysfunction on Trial
Author: Jasmine Farrier
Publisher: Cornell University Press
Total Pages: 124
Release: 2019-12-15
Genre: Law
ISBN: 150174447X

In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes. As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.

Research Handbook on Judicial Politics

Research Handbook on Judicial Politics
Author: Michael P. Fix
Publisher: Edward Elgar Publishing
Total Pages: 497
Release: 2024-09-06
Genre: Law
ISBN: 1035309327

This timely Research Handbook offers a comprehensive examination of judicial politics, both in the US and across the globe. Taking a broad view of the judiciary in all levels of the court, it examines the present state of the field and raises new questions for future scholarly exploration.

Presidential Leadership

Presidential Leadership
Author: George C. Edwards
Publisher: Rowman & Littlefield
Total Pages: 633
Release: 2022-04-06
Genre: Political Science
ISBN: 1538136112

Long established as a leading introduction to the American presidency, Presidential Leadership, twelfth edition provides students with a comprehensive survey that addresses the capacity of chief executives to fulfill their tasks, exercise their powers, and utilize their organizational structures to affect the output of government. The authors examine all aspects of the presidency in rich detail, including the president’s powers, presidential history, and the institution of the presidency. The new edition has been substantially updated to integrate the Trump presidency, including both impeachments, and the first year of the Biden presidency. Other examples of the latest coverage include The 2020 elections, including the contested aftermath of the presidential election and the January 6 riot Changes to the presidential nomination process The most recent Supreme Court nominations The executive’s response to the Covid-19 pandemic New developments in presidential public relations Changes in media relations

The Presidency and the Political System

The Presidency and the Political System
Author: Michael Nelson
Publisher: CQ Press
Total Pages: 657
Release: 2020-07-17
Genre: Political Science
ISBN: 1544379781

The Presidency and the Political System showcases the best of presidential studies and research with top-notch presidency scholars writing specifically for an undergraduate audience. Michael Nelson rigorously edits each contribution to present a set of analytical yet accessible chapters and offers contextual headnotes introducing each essay. Chapters represent the full range of topics, institutions, and issues relevant to understanding the American presidency: covering approaches to studying the presidency, elements of presidential power, presidential selection, presidents and politics, and presidents and government. This Twelfth Edition fully incorporates coverage of the Trump administration.

SCOTUS 2023

SCOTUS 2023
Author: Morgan Marietta
Publisher: Springer Nature
Total Pages: 221
Release:
Genre:
ISBN: 3031692411

Constitutional Populism

Constitutional Populism
Author: Martin Krygier
Publisher: Cambridge University Press
Total Pages: 577
Release: 2022-03-31
Genre: Law
ISBN: 1316516164

Explores a range of anti-constitutionalist populist regimes, identifying and analysing their causes, characteristics and consequences.

It's Even Worse Than It Looks

It's Even Worse Than It Looks
Author: Thomas E. Mann
Publisher: Basic Books
Total Pages: 273
Release: 2016-04-05
Genre: Political Science
ISBN: 0465096735

Acrimony and hyperpartisanship have seeped into every part of the political process. Congress is deadlocked and its approval ratings are at record lows. America's two main political parties have given up their traditions of compromise, endangering our very system of constitutional democracy. And one of these parties has taken on the role of insurgent outlier; the Republicans have become ideologically extreme, scornful of compromise, and ardently opposed to the established social and economic policy regime.In It's Even Worse Than It Looks, congressional scholars Thomas Mann and Norman Ornstein identify two overriding problems that have led Congress -- and the United States -- to the brink of institutional collapse. The first is the serious mismatch between our political parties, which have become as vehemently adversarial as parliamentary parties, and a governing system that, unlike a parliamentary democracy, makes it extremely difficult for majorities to act. Second, while both parties participate in tribal warfare, both sides are not equally culpable. The political system faces what the authors call &"asymmetric polarization," with the Republican Party implacably refusing to allow anything that might help the Democrats politically, no matter the cost.With dysfunction rooted in long-term political trends, a coarsened political culture and a new partisan media, the authors conclude that there is no &"silver bullet"; reform that can solve everything. But they offer a panoply of useful ideas and reforms, endorsing some solutions, like greater public participation and institutional restructuring of the House and Senate, while debunking others, like independent or third-party candidates. Above all, they call on the media as well as the public at large to focus on the true causes of dysfunction rather than just throwing the bums out every election cycle. Until voters learn to act strategically to reward problem solving and punish obstruction, American democracy will remain in serious danger.

Business and the Roberts Court

Business and the Roberts Court
Author: Jonathan H. Adler
Publisher: Oxford University Press
Total Pages: 353
Release: 2016-06-20
Genre: Law
ISBN: 0199859353

In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions support business interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. In this volume, prominent academics examine the Roberts Court's handling of business-related cases, through a series of empirical and doctrinal analyses. Issues covered include securities law, antitrust, labor law, preemption, and environmental law, among others. Business law and regulatory cases touch on many important legal doctrines and can have far-reaching effects. Understanding the bases upon which the Supreme Court decides business-related cases is of tremendous importance to practitioners and academics. It can also further greater understanding of one of the nation's most important government institutions. These issues are of interest to academics, but also of practical importance to Supreme Court and business practitioners.