Judicial Review in State Supreme Courts: A Comparative Study

SUNY Press
Free sample

Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court judges across differing areas of law, we can enrich our understanding of the function of state supreme courts, and the relations between these institutions and other branches of government. In addition, Judicial Review in State Supreme Courts advances our conceptualization of the judiciary and offers a more general theory about judicial behavior, accountability, and the role of courts in American society. Langer looks at the policy-making powers of state supreme courts, and the conditions under which justices are most likely to review and invalidate state laws, portraying judges as forward thinking individuals who pursue both policy and electoral goals.
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About the author

Laura Langer is Assistant Professor of Political Science at the University of Arizona.

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Additional Information

Publisher
SUNY Press
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Published on
Feb 1, 2012
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Pages
344
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ISBN
9780791489246
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Best For
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Language
English
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Genres
Law / Courts
Political Science / American Government / State
Political Science / Constitutions
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Content Protection
This content is DRM protected.
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Eligible for Family Library

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From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields.

In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of—and the persistent tensions between—constitutionalism and democracy throughout the modern world.

In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.
In Constitutional Revolutions Robert Justin Lipkin radically rethinks modern constitutional jurisprudence, challenging the traditional view of constitutional change as solely an extension or transformation of prior law. He instead argues for the idea of “constitutional revolutions”—landmark decisions that are revolutionary because they are not generated from legal precedent and because they occur when the Constitution fails to provide effective procedures for accommodating a needed change. According to Lipkin, U.S. constitutional law is driven by these revolutionary judgments that translate political and cultural attitudes into formal judicial decisions.
Drawing on ethical theory, philosophy of science, and constitutional theory, Lipkin provides a progressive, postmodern, and pragmatic theory of constitutional law that justifies the critical role played by the judiciary in American democracy. Judicial review, he claims, operates as a mechanism to allow “second thought,” or principled reflection, on the values of the wider culture. Without this revolutionary function, American democracy would be left without an effective institutional means to formulate the community’s considered judgments about good government and individual rights. Although judicial review is not the only forum for protecting this dimension of constitutional democracy, Lipkin maintains that we would be wise not to abandon judicial review unless a viable alternative emerges.
Judges, lawyers, law professors, and constitutional scholars will find this book a valuable resource.
NEW YORK TIMES BESTSELLER

Washington insiders operate by a proven credo: when a Peter Schweizer book drops, duck and brace for impact.

For over a decade, the work of five-time New York Times bestselling investigative reporter Peter Schweizer has sent shockwaves through the political universe.

Clinton Cash revealed the Clintons’ international money flow, exposed global corruption, and sparked an FBI investigation. Secret Empires exposed bipartisan corruption and launched congressional investigations. And Throw Them All Out and Extortion prompted passage of the STOCK Act. Indeed, Schweizer’s “follow the money” bombshell revelations have been featured on the front pages of the New York Times and the Wall Street Journal, and regularly appear on national news programs, including 60 Minutes.

Now Schweizer and his team of seasoned investigators turn their focus to the nation’s top progressives—politicians who strive to acquire more government power to achieve their political ends.

Can they be trusted with more power?

In Profiles in Corruption, Schweizer offers a deep-dive investigation into the private finances, and secrets deals of some of America’s top political leaders. And, as usual, he doesn’t disappoint, with never-before-reported revelations that uncover corruption and abuse of power—all backed up by a mountain of corporate documents and legal filings from around the globe. Learn about how they are making sweetheart deals, generating side income, bending the law to their own benefits, using legislation to advance their own interests, and much more.

Profiles in Corruption contains tomorrow’s headlines.

NEW YORK TIMES BESTSELLER
"The best American political autobiography since Barack Obama’s Dreams from My Father." —Charles Kaiser, The Guardian

A mayor’s inspirational story of a Midwest city that has become nothing less than a blueprint for the future of American renewal.

Once described by the Washington Post as “the most interesting mayor you’ve never heard of,” Pete Buttigieg, the thirty-seven-year-old mayor of South Bend, Indiana, has now emerged as one of the nation’s most visionary politicians. With soaring prose that celebrates a resurgent American Midwest, Shortest Way Home narrates the heroic transformation of a “dying city” (Newsweek) into nothing less than a shining model of urban reinvention.

Interweaving two narratives—that of a young man coming of age and a town regaining its economic vitality—Buttigieg recounts growing up in a Rust Belt city, amid decayed factory buildings and the steady soundtrack of rumbling freight trains passing through on their long journey to Chicagoland. Inspired by John F. Kennedy’s legacy, Buttigieg first left northern Indiana for red-bricked Harvard and then studied at Oxford as a Rhodes Scholar, before joining McKinsey, where he trained as a consultant—becoming, of all things, an expert in grocery pricing. Then, Buttigieg defied the expectations that came with his pedigree, choosing to return home to Indiana and responding to the ultimate challenge of how to revive a once-great industrial city and help steer its future in the twenty-first century.

Elected at twenty-nine as the nation’s youngest mayor, Pete Buttigieg immediately recognized that “great cities, and even great nations, are built through attention to the everyday.” As Shortest Way Home recalls, the challenges were daunting—whether confronting gun violence, renaming a street in honor of Martin Luther King Jr., or attracting tech companies to a city that had appealed more to junk bond scavengers than serious investors. None of this is underscored more than Buttigieg’s audacious campaign to reclaim 1,000 houses, many of them abandoned, in 1,000 days and then, even as a sitting mayor, deploying to serve in Afghanistan as a Navy officer. Yet the most personal challenge still awaited Buttigieg, who came out in a South Bend Tribune editorial, just before being reelected with 78 percent of the vote, and then finding Chasten Glezman, a middle-school teacher, who would become his partner for life.

While Washington reels with scandal, Shortest Way Home, with its graceful, often humorous, language, challenges our perception of the typical American politician. In chronicling two once-unthinkable stories—that of an Afghanistan veteran who came out and found love and acceptance, all while in office, and that of a revitalized Rust Belt city no longer regarded as “flyover country”—Buttigieg provides a new vision for America’s shortest way home.

#1 New York Times Bestseller!

Peter Schweizer has been fighting corruption—and winning—for years. In Throw Them All Out, he exposed insider trading by members of Congress, leading to the passage of the STOCK Act. In Extortion, he uncovered how politicians use mafia-like tactics to enrich themselves. And in Clinton Cash, he revealed the Clintons’ massive money machine and sparked an FBI investigation.

Now he explains how a new corruption has taken hold, involving larger sums of money than ever before. Stuffing tens of thousands of dollars into a freezer has morphed into multibillion-dollar equity deals done in the dark corners of the world.

An American bank opening in China would be prohibited by US law from hiring a slew of family members of top Chinese politicians. However, a Chinese bank opening in America can hire anyone it wants. It can even invite the friends and families of American politicians to invest in can’t-lose deals.

President Donald Trump’s children have made front pages across the world for their dicey transactions. However, the media has barely looked into questionable deals made by those close to Barack Obama, Joe Biden, John Kerry, Mitch McConnell, and lesser-known politicians who have been in the game longer.

In many parts of the world, the children of powerful political figures go into business and profit handsomely, not necessarily because they are good at it, but because people want to curry favor with their influential parents. This is a relatively new phenomenon in the United States. But for relatives of some prominent political families, we may already be talking about hundreds of millions of dollars.

Deeply researched and packed with shocking revelations, Secret Empires identifies public servants who cannot be trusted and provides a path toward a more accountable government.

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