Institutions Of American Democracy The Judicial Branch

Presents a collection of essays examining the American judiciary, including such topics as judicial review and interpretation, judicial activism, the judiciary and the political process, and selecting Supreme Court justices.

In recent years the Supreme Court has been at the center of such political issues as abortion rights, the administration of police procedures, and the determination of the 2000 presidential election. The checks and balances provided by the three branches of federal government are essential to nurturing and maintaining American democracy. With the guidance of coeditors Kermit L. Hall and Kevin T. McGuire, this volume of essays examines the role of the Judicial Branch in American democracy and the dynamic between the other branches of government, compares international models, and discusses possible measures for reform. The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.

Presents a collection of essay that provide an examination of the Executive branch in American government, explaining how the Constitution created the executive branch and discusses how the executive interacts with the other two branches of government at the federal and state level.

The presidency and the agencies of the executive branch are deeply interwoven with other core institutions of American government and politics. While the framers of the Constitution granted power to the president, they likewise imbued the legislative and judicial branches of government with the powers necessary to hold the executive in check. The Executive Branch, edited byJoel D. Aberbach and Mark A. Peterson, examines the delicate and shifting balance among the three branches of government, which is constantly renegotiated as political leaders contend with the public's paradoxical sentiments-yearning for strong executive leadership yet fearing too much executive power, and welcoming the benefits of public programs yet uneasy about, and indeed often distrusting, big government. The Executive Branch, a collection of essays by some of the nation's leading political scientists and public policy scholars, examines the historical emergence and contemporary performance of the presidency and bureaucracy, as well as their respective relationships with the Congress, the courts, political parties, and American federalism. Presidential elections are defining moments for the nation's democracy-by linking citizens directly to their government, elections serve as a mechanism for exercising collective public choice. After the election, however, the work of government begins and involves elected and appointed political leaders at all levels of government, career civil servants, government contractors, interest organizations, the media, and engaged citizens. The essays in this volume delve deeply into the organizations and politics that make the executive branch such a complex and fascinating part of American government. The volume provides an assessment from the past to the present of the role and development of the presidency and executive branch agencies, including analysis of the favorable and problematic strategies, and personal attributes, that presidents have brought to the challenge of leadership. It examines the presidency and the executive agencies both separately and together as they influence-or are influenced by-other major institutions of American government and politics, with close attention to how they relate to civic participation and democracy.

A penetrating look at some of the most important Supreme Court cases in history, this book illustrates why the Supreme Court is most successful when it defers to the constitutional views of the American people.

"The Legislative Branch examines Congress's performance as a democratic institution, identifies the forces that have shaped its development, and considers the prospects for effective reforms." "The Legislative Branch is a collection of essays by some of the nation's leading political scientists and scholars of public policy. It examines Congress's historical development; the effects of its electoral campaigns and outcomes; its internal structures, including party leadership and the committee system; its strengths and shortcomings in policymaking, including budgeting and foreign policy; its relations with the executive branch and the courts; its public support; and the dynamics of reform. Each essay analyzes long-term institutional developments, defines their implications for democratic governance, and spells out implications for reformers."--BOOK JACKET.

In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.

The role courts should play in American democracy has long been contested, fueling debates among citizens who take an active interest in politics. Alexander Bickel made a significant contribution to these debates with his seminal publication, The Least Dangerous Branch, which framed the problem of defending legitimate judicial authority. This book addresses whether or not the countermajoritarian difficulty outlined in Bickel's work continues to have significance for constitutional theory almost a half-century later. The contributors illustrate how the countermajoritarian difficulty and Bickel's response to it engage prominent theories: the proceduralisms of John Hart Ely and Jeremy Waldron; the republicanisms of Bruce Ackerman and Cass Sunstein; and the originalisms of Raoul Berger, Robert Bork, and Keith Whittington. In so doing, this book provides a useful introduction to recent debates in constitutional theory and also contributes to the broader discussion about the proper role of the courts.