The State and Federal Courts: A Complete Guide to History, Powers, and Controversy
How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and many others regarding politics, the U.S. courts, and society.

This single-volume work provides a comprehensive and contemporary treatment of the historical development of state and federal courts that clearly documents how they have evolved into significant political institutions. It addresses vital and highly relevant subjects such as the constitutional origins of courts, the nature of judicial selection and service, and the organization of courts and their administration. The book explains civil and criminal legal proceedings, the political impact of judicial rulings, and the restraints placed upon the exercise of judicial powers.

Readers will come away with an understanding of the key principles of constitutional interpretation and judicial review as well as judicial independence, what factors affect access to courts, the underlying politics of state judicial campaigns, and the confirmation of presidential appointments to the federal bench. The book covers historical and contemporary court perspectives on major issues, such as same-sex marriage, the Affordable Care Act, campaign financing, gun rights, free speech and religious freedom, racial discrimination, affirmative action, criminal procedure and punishments, property rights, and voting rights.

"1124657608"
The State and Federal Courts: A Complete Guide to History, Powers, and Controversy
How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and many others regarding politics, the U.S. courts, and society.

This single-volume work provides a comprehensive and contemporary treatment of the historical development of state and federal courts that clearly documents how they have evolved into significant political institutions. It addresses vital and highly relevant subjects such as the constitutional origins of courts, the nature of judicial selection and service, and the organization of courts and their administration. The book explains civil and criminal legal proceedings, the political impact of judicial rulings, and the restraints placed upon the exercise of judicial powers.

Readers will come away with an understanding of the key principles of constitutional interpretation and judicial review as well as judicial independence, what factors affect access to courts, the underlying politics of state judicial campaigns, and the confirmation of presidential appointments to the federal bench. The book covers historical and contemporary court perspectives on major issues, such as same-sex marriage, the Affordable Care Act, campaign financing, gun rights, free speech and religious freedom, racial discrimination, affirmative action, criminal procedure and punishments, property rights, and voting rights.

96.49 In Stock
The State and Federal Courts: A Complete Guide to History, Powers, and Controversy

The State and Federal Courts: A Complete Guide to History, Powers, and Controversy

by Christopher P. Banks (Editor)
The State and Federal Courts: A Complete Guide to History, Powers, and Controversy

The State and Federal Courts: A Complete Guide to History, Powers, and Controversy

by Christopher P. Banks (Editor)

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Overview

How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and many others regarding politics, the U.S. courts, and society.

This single-volume work provides a comprehensive and contemporary treatment of the historical development of state and federal courts that clearly documents how they have evolved into significant political institutions. It addresses vital and highly relevant subjects such as the constitutional origins of courts, the nature of judicial selection and service, and the organization of courts and their administration. The book explains civil and criminal legal proceedings, the political impact of judicial rulings, and the restraints placed upon the exercise of judicial powers.

Readers will come away with an understanding of the key principles of constitutional interpretation and judicial review as well as judicial independence, what factors affect access to courts, the underlying politics of state judicial campaigns, and the confirmation of presidential appointments to the federal bench. The book covers historical and contemporary court perspectives on major issues, such as same-sex marriage, the Affordable Care Act, campaign financing, gun rights, free speech and religious freedom, racial discrimination, affirmative action, criminal procedure and punishments, property rights, and voting rights.


Product Details

ISBN-13: 9781440841460
Publisher: ABC-CLIO, Incorporated
Publication date: 01/26/2017
Sold by: Barnes & Noble
Format: eBook
Pages: 513
File size: 2 MB

About the Author

Christopher P. Banks, JD, PhD, is professor of political science at Kent State University.

Table of Contents

Introduction vii

Chapter 1 History of the Judiciary: Federal and State 1

Chapter 2 Roles, Functions, and Powers 39

Chapter 3 Structure and Process 151

Chapter 4 Political Issues and Controversies of the Judicial Branch 253

I Constitutional Politics and Democratic Principles

Judicial Review 253

Constitutional Interpretation 258

Judicial Activism and Restraint 264

Judicial Federalism 269

State Ballot Initiatives and Referendums 274

II Judicial Access, Independence, and Accountability

Public Access to Courts 279

Cameras in the Courtroom 284

Judicial Specialization 289

Adverseness and Advisory Opinions 294

Jurisdictional Doctrines and Procedures 298

Judicial Independence 302

Court Curbing 307

Political Restraints on Judicial Power 313

III The Politics of Judicial Selection and Removal

State Courts

Merit Plans 317

Partisan Judicial Elections and Political Money 322

Judicial Campaigns and the First Amendment 327

Judicial Recusal 332

Federal Courts

Presidential Appointments and Court Packing 337

The Role of the American Bar Association 343

Filibusters of Presidential Nominations to the Federal Bench 348

Blue Slips 353

Supreme Court Hearings 358

Impeachment and Removal of Federal Judges 363

IV Political Controversies in State and Federal Courts

Incorporation Doctrine 368

Same-Sex Marriage 373

The Affordable Care Act 378

Freedom of Speech 383

Campaign Finance 388

Religious Freedom 394

Gun Ownership Rights and Restrictions 399

Property Rights 405

Defendants' Rights 410

Mandatory Sentencing 416

Capital Punishment 421

Privacy Rights 426

Abortion Restrictions 431

Racial Discrimination 437

Affirmative Action 442

Gerrymandering 447

Voting Rights 453

Glossary of Concepts, laws, and People 459

Annotated Bibliography 473

About the Editor and Contributors 481

Index 485

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