By Stephen M. Engel
Politicians have lengthy puzzled, or maybe been brazenly adverse to, the legitimacy of judicial authority, yet that authority turns out to became safer through 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 reputation of dissenting perspectives of the structure, that's, the legitimacy and loyalty of strong competition. Politicians' altering belief of the danger posed via competition inspired 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 in addition. as soon as competition used to be not visible as a basic chance to the Constitution's survival, and a number of constitutional interpretations have been thought of valid, judicial strength can be construed much less because the seat of an illegitimate competition and extra as an software to accomplish political ends. Politicians have been likely to harness it to serve their goals than to overtly 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 energy for political ends. Engel's ebook brings our figuring out of those manipulations into line with different advancements, equivalent to the institution of political events, the popularity of unswerving competition, the advance of alternative modes of constitutional interpretation, and the emergence of rights-based pluralism.
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Additional info for American politicians confront the court : opposition politics and changing responses to judicial power
2. Duplicate entries under distinct index headings were excluded. Actions against personnel aside from judges, for example, marshals or district attorneys, were excluded. 4. Bills and resolutions for building courthouses or dividing states into new districts were eliminated, but the creation of circuits was included. Index entries in which the bill’s directionality could not be determined were excluded. 2 depicts the absolute total number of proposed legislation for these periods. Since the volume of all proposed legislation has grown over time, the pattern of increasing court-curbing proposals reveals very little information.
Categorizing these proposals over time reveals a shift in emphasis from undermining the courts’ legitimacy to harnessing judicial power. This pattern sets the stage for building an explanatory theory in Chapter 2. â•‡ The Countermajoritarian Difficulty and Four Responses Judicial review is the power of courts to consider the constitutionality of Â� legislation and to affirm or overturn it. When judges appointed for life wield this power, control over the Constitution seems transferred beyond the reach of the people it affects.
Given the development of federal state apparatus from the early twentieth century onward, courts could have easily proven redundant to newly created bureaucratic commissions. Therefore, courts could have, in fact, been less necessary under circumstances of bureaucratic expansion and more susceptible to having their powers stripped. In the nineteenth-century state of “courts and parties,” courts would seem most crucial to national stability and federal governmental power, and yet, ironically, these were the years when their powers were most severely threatened.
American politicians confront the court : opposition politics and changing responses to judicial power by Stephen M. Engel