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American Politicians Confront the Court - Opposition Politics and Changing Responses to Judicial Power (Paperback)
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American Politicians Confront the Court - Opposition Politics and Changing Responses to Judicial Power (Paperback)
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Politicians have long questioned, or even been openly hostile to,
the legitimacy of judicial authority, but that authority seems to
have become more secure over time. What explains the recurrence of
hostilities and yet the security of judicial power? Addressing this
question anew, Stephen Engel points to the gradual acceptance of
dissenting views of the Constitution, that is, the legitimacy and
loyalty of stable opposition. Politicians' changing perception of
the threat posed by opposition influenced how manipulations of
judicial authority took shape. As politicians' views toward
opposition changed over time, their approach toward the judiciary
where opposition could become entrenched changed as well. Once
opposition was no longer seen as a fundamental threat to the
Constitution's survival, and multiple constitutional
interpretations were considered legitimate, judicial power could be
construed less as the seat of an illegitimate opposition and more
as an instrument to achieve political ends. Politicians were more
likely to harness it to serve their aims than to openly undermine
its legitimacy. In short, conflicts between the elected branches
and the judiciary have not subsided. They have changed form. They
have shifted from measures that undermine judicial legitimacy to
measures that harness judicial power for political ends. Engel's
book brings our understanding of these manipulations into line with
other developments, such as the establishment of political parties,
the acceptance of loyal opposition, the development of different
modes of constitutional interpretation, and the emergence of
rights-based pluralism.
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