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The Supreme Court versus Congress - Disrupting the Balance of Power, 1789-2014 (Hardcover)
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The Supreme Court versus Congress - Disrupting the Balance of Power, 1789-2014 (Hardcover)
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A comprehensive and focused review of all of the Supreme Court's
overturns of Congress on constitutional grounds from 1789 to the
present suited to college-level political science and
constitutional law courses as well as law school students. The
always-controversial practice of judicial review of Congress is not
prescribed in the Constitution, but is arguably a valid way to
protect the rights of individuals or guard against unfair rule by
the majority. This book offers a historical review and indictment
of the Supreme Court's overruling of Congress, ultimately taking a
position that this has been more detrimental than beneficial to the
democratic process in the United States, and that in the aggregate
rights of individuals and minorities would have been better served
if the relevant laws of Congress had been enforced rather than
struck down by the Court. Written by an author who is a historian
and a lawyer, the book covers all Supreme Court overrides of
Congress through 2014, including major historical turning points in
Supreme Court legislation and such recent and relevant topics as
the Affordable Care Act, limits on contributions to political
candidates and campaigns from wealthy individuals, and the Defense
of Marriage Act. The discussions of specific cases are made in
relevant context and focus on "big picture" themes and concepts
without skipping key details, making this a useful volume for law
and university level students while also being accessible to
general readers. Supplies a balanced and comprehensive examination
of Supreme Court overrides of Congress that recognizes both good
and bad decisions but portrays how Congress performs better than
the Court in terms of being faithful to the Constitution-and in
promoting and protecting the rights of individuals and minorities
Discusses cases in relevant context and focuses on "big picture"
themes and concepts, avoiding legal jargon and technicalities to
make the text accessible to general readers Provides a historical
and contemporaneous review of Supreme Court-Congress interactions
with explanations of future implications Offers a historical review
and indictment of the Supreme Court's overruling of Congress,
ultimately taking a position that this has been more detrimental
than of benefit to the democratic process in the United States
Enables readers to obtain a richer understanding of the
relationship that has pertained between Congress and the Court
throughout U.S. history
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