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The Supreme Court and the American Elite, 1789-2020 (Hardcover)
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The Supreme Court and the American Elite, 1789-2020 (Hardcover)
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The Supreme Court and the American Elite, 1789-2020, Expanded
Second Edition is a history of the Court placed within the context
of a broader history of the United States and its politics. In
contrast to a typical book on US history, where the Supreme Court
appears, if at all, as an interruption here and there, or, in a
typical history of the Supreme Court, where political events
intrude occasionally, Lucas A. Powe, Jr., situates the Court and
its work into a broad narrative of American history. Powe places
the Court within the context of history and the insights of
political science while remaining true to the ways the justices
perceived their own work. Instead of viewing the Court as a
competitor with the other two branches of government (although
occasionally it is), Powe views it as a part of a ruling regime
doing its part to implement the regime's policies. Some of its most
historically controversial decisions are far less so when set
within the politics of the time. Justices are, after all, as
subject to the same economic, social, and intellectual currents as
other upper-middle-class professional elites. The book's dominant
theme is that the Court is a majoritarian institution-that is, it
identifies with and serves ruling political coalitions. The
justices are for the most part in tune with their times. Relatedly,
changes in personnel matter; a president able to appoint several
justices can, and does, change the direction of the Court. Thus,
the Court and its decisions have moved to the center of
presidential politics. This new edition adds two chapters detailing
the history of the Court since 2008, including how the Court has
changed election law, its entrance into the healthcare
controversies, expansion of LBGTQ rights, and the 2020 Census
controversies. The first new chapter looks at the centrist
jurisprudence of Justice Anthony Kennedy and his dominant presence
as the decisive vote in a series of 5-4 decisions. The second looks
at the toxic partisan political climate in the aftermath of Justice
Scalia's death and Republican control of the Court.
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