The Supreme Court and the Powers of the American Government

by Biskupic, Joan; Witt, Elder

• ISBN13: 9781568023243
• ISBN10: 1568023243
• Format: Paperback
• Copyright: 1996-11-01
• Publisher: Cq Pr

Summary

This guide to the workings of the Supreme Court's decisions examines the relationship between the Court and federal and state government. The book begins with a description of judicial powers, including federal jurisdiction and judicial restraint. It then discusses the Court's interactions with Congress, the president, and the states; and concludes by looking at the pressures that Congress and the president can bring to bear on the Court. Topics covered include: the constitutional basis for each branch's powers, the evolution of the Court's interactions with federal and state government, key issues, and major cases through the 1995-1996 term. The reference materials sections provide a glossary of legal terms, information about online and paper sources for Supreme Court decisions, an explanation of how to read a legal citation, biographical data on all justices, the text of the U.S. Constitution, and a selected bibliography. The book also includes a general subject index as well as a case index to all discussed decisions.

Table of Contents

Preface
The Court and Judicial Power	p. 1
Federal Jurisdiction	p. 3
Federal Judicial Power	p. 13
Judicial Restraint	p. 35
The Court and the Powers of Congress	p. 49
Judicial Review and Legislative Power	p. 54
The Commerce Power	p. 66
Fiscal and Monetary Powers	p. 96
The Power over Foreign Affairs	p. 112
The Power to Admit States, Govern Territories, and Grant Citizenship	p. 120
The Power to Amend the Constitution	p. 135
The Power to Investigate	p. 140
The Power over Internal Affairs	p. 149
The Court and the Powers of the President	p. 169
The Commander in Chief	p. 172
The Architect of Foreign Policy	p. 187
The President as Executive	p. 196
The Power to Veto and to Pardon	p. 207
Privilege and Immunity	p. 215
Confrontation: The President Versus the Court	p. 221
The Court and the States	p. 241
Judicial Review and the States	p. 246
The States and the Economy	p. 252
The State and the Individual	p. 280
The State as Sovereign	p. 296
Interstate Relations	p. 311
Congressional Pressure	p. 321
Pressure on the Justices	p. 324
Pressures on the Institution	p. 335
Reversals of Rulings	p. 344
Presidential Pressure	p. 357
Politics and Appointments	p. 362
Reference Materials	p. 375
Glossary of Legal Terms	p. 377
Sources of Supreme Court Decisions	p. 380
How to Read a Court Citation	p. 381
Supreme Court Justices	p. 382
Constitution of the United States	p. 386
Selected Bibliography	p. 393
Illustration Credits and Acknowledgments	p. 399
Subject Index	p. 401
Case Index	p. 423
Table of Contents provided by Blackwell. All Rights Reserved.