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A Mere Machine - The Supreme Court, Congress, and American Democracy (Hardcover, New)
Loot Price: R2,070
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A Mere Machine - The Supreme Court, Congress, and American Democracy (Hardcover, New)
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Introductory textbooks on American government tell us that the
Supreme Court is independent from the elected branches and that
independent courts better protect rights than their more
deferential counterparts. But are these facts or myths? In this
groundbreaking new work, Anna Harvey reports evidence showing that
the Supreme Court is in fact extraordinarily deferential to
congressional preferences in its constitutional rulings. Analyzing
cross-national evidence, Harvey also finds that the rights
protections we enjoy in the United States appear to be largely due
to the fact that we do not have an independent Supreme Court. In
fact, we would likely have even greater protections for political
and economic rights were we to prohibit our federal courts from
exercising judicial review altogether. Harvey's findings suggest
that constitutional designers would be wise to heed Thomas
Jefferson's advice to "let mercy be the character of the law-giver,
but let the judge be a mere machine."
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