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The Collision of Political and Legal Time - Foreign Affairs and the Supreme Court's Transformation of Executive Authority (Paperback)
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The Collision of Political and Legal Time - Foreign Affairs and the Supreme Court's Transformation of Executive Authority (Paperback)
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How does the U.S. Supreme Court shape constitutional and political
development? In The Collision of Political and Legal Time,
Kimberley Fletcher answers this question by analyzing the key role
the Court has played in interpreting presidential decision-making
in the area of foreign affairs since 1936. She reconsiders the
Curtiss-WrightCourt, which instituted a new constitutional order
that established plenary powers independent of congressional
delegation. Fletcher also reexamines Japanese internment and
detainee cases, demonstrating the entrenchment of the new
constitutional order and how presidential ascendency becomes
institutionalized. Other cases, such as Youngstown, illustrate how
the Court, during a time of war, will check Executive power and
authority. The Collision of Political and Legal Time examines these
cases and controversies in foreign policymaking through the
twentieth and into the twenty-first centuries to show that the
Court is not passive or constrained; it does not merely follow
politics or the majority coalition. Through her nuanced analysis,
Fletcher makes a larger argument about the role of the U.S. Supreme
Court as an agent of change, which ultimately transforms power,
shapes politics, and redirects history.
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