Download e-book for iPad: American politicians confront the court : opposition by Stephen M. Engel

By Stephen M. Engel

ISBN-10: 0521153980

ISBN-13: 9780521153980

ISBN-10: 0521192951

ISBN-13: 9780521192958

Politicians have lengthy wondered, or perhaps been brazenly adversarial to, the legitimacy of judicial authority, yet that authority turns out to became safer over the years. What explains the recurrence of hostilities and but the safety of judicial energy? Addressing this query anew, Stephen Engel issues to the slow attractiveness of dissenting perspectives of the structure, that's, the legitimacy and loyalty of solid competition. Politicians' altering conception of the chance posed through competition stimulated how manipulations of judicial authority took form. As politicians' perspectives towards competition replaced over the years, their method towards the judiciary - the place competition may perhaps develop into entrenched - replaced besides. as soon as competition used to be not noticeable as a primary risk to the Constitution's survival, and a number of constitutional interpretations have been thought of valid, judicial strength will be construed much less because the seat of an illegitimate competition and extra as an tool to accomplish political ends. Politicians have been prone to harness it to serve their goals than to brazenly undermine its legitimacy. in brief, conflicts among the elected branches and the judiciary haven't subsided. they've got replaced shape. they've got shifted from measures that undermine judicial legitimacy to measures that harness judicial strength for political ends. Engel's ebook brings our knowing of those manipulations into line with different advancements, comparable to the institution of political events, the popularity of dependable competition, the improvement of other modes of constitutional interpretation, and the emergence of rights-based pluralism.

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11, 18–21, 253–82. Beyond the Countermajoritarian Difficulty 29 authority must follow, especially if the issue of judicial power does not hold public attention. Furthermore, evidence of recurrent position-taking against judicial authority would call into question a judicial supremacy norm at the popular level. In short, failure to pass court-curbing legislation cannot be considered a failed attack without a clearer understanding of politicians’ multiple and simultaneous goals. Second, and more fundamentally, a judicial supremacy norm cannot explain why politicians persist in drafting bills that undercut judicial authority and making speeches that emphasize the Court’s undemocratic character.

Most importantly, they do not consider how politicians’ preferences for judicial power change over time and why. This critique is not to suggest that these accounts do not consider the effects of structural 32 Beyond the Countermajoritarian Difficulty 27 are observable as well as the circumstances under which these interests would be overcome and judicial legitimacy undermined. c. A Norm of Deference:€An Account of Gradual Change over Time Neither Dahl’s theory nor the strategic-interest models examine change over time to account for why the countermajoritarian potential may not be as dangerous as normative legal scholars suggest.

53 On presidential delays on school desegregation, see Dean Kotlowski, “With All Deliberate Delay:€Kennedy, Johnson, and School Desegregation,” Journal of Policy History, 17 (April 2005), 155–92. , The Warren Court and American Politics (Cambridge:€Belknap Press of Harvard University, 2000), 60–2, 99–102, 127–42; Gary Orfield, “Congress, the President, and AntiBusing Legislation, 1966–1974,” Journal of Law and Education 4 (January 1975), 108. 55 The United States Military Commissions Act of 2006, Pub.

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American politicians confront the court : opposition politics and changing responses to judicial power by Stephen M. Engel

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