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The Resource Repugnant laws : judicial review of acts of Congress from the founding to the present, Keith E. Whittington

Repugnant laws : judicial review of acts of Congress from the founding to the present, Keith E. Whittington

Label
Repugnant laws : judicial review of acts of Congress from the founding to the present
Title
Repugnant laws
Title remainder
judicial review of acts of Congress from the founding to the present
Statement of responsibility
Keith E. Whittington
Creator
Author
Subject
Genre
Language
eng
Summary
"When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court's routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or "legislating from the bench." But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices' own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington's work reminds us that, for better or for worse, the court reflects the politics of its time."--
Member of
Assigning source
Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Whittington, Keith E.,
Illustrations
illustrations
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
Constitutional thinking
http://library.link/vocab/subjectName
  • Judicial review
  • Constitutional history
  • POLITICAL SCIENCE
  • POLITICAL SCIENCE
  • POLITICAL SCIENCE
  • Constitutional history
  • Judicial review
  • United States
Label
Repugnant laws : judicial review of acts of Congress from the founding to the present, Keith E. Whittington
Instantiates
Publication
Bibliography note
Includes bibliographical references (pages 321-389) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
The politics of judicial review -- The road to judicial review -- Exercising judicial review before the Civil War -- Review of Congress during the Civil War and Reconstruction -- Congress and the Lochner Court --- The constitutional revolution -- Congress and the conservative court
Control code
1066130788
Dimensions
24 cm
Extent
xxi, 410 pages
Isbn
9780700627806
Lccn
2018058631
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Other physical details
illustrations
System control number
(OCoLC)1066130788
Label
Repugnant laws : judicial review of acts of Congress from the founding to the present, Keith E. Whittington
Publication
Bibliography note
Includes bibliographical references (pages 321-389) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
The politics of judicial review -- The road to judicial review -- Exercising judicial review before the Civil War -- Review of Congress during the Civil War and Reconstruction -- Congress and the Lochner Court --- The constitutional revolution -- Congress and the conservative court
Control code
1066130788
Dimensions
24 cm
Extent
xxi, 410 pages
Isbn
9780700627806
Lccn
2018058631
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Other physical details
illustrations
System control number
(OCoLC)1066130788

Library Locations

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      44.105245 -70.203443
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