The Supreme Court in a separation of powers system : the nation's balance wheel / Richard L. Pacelle, Jr.
2015
KF8748 .P238 2015 (Map It)
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Details
Title
The Supreme Court in a separation of powers system : the nation's balance wheel / Richard L. Pacelle, Jr.
Published
New York, NY : Routledge, 2015.
Call Number
KF8748 .P238 2015
ISBN
9780415894296 hardback
0415894298 hardback
9780415894302 pbk
0415894301 pbk
9780203806784 ebk
0203806786 ebk
0415894298 hardback
9780415894302 pbk
0415894301 pbk
9780203806784 ebk
0203806786 ebk
Description
xiv, 312 pages ; 23 cm
System Control No.
(OCoLC)748335385
Summary
"The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court assumes an interstitial role, filling in the gaps of policy. In either instance, the Supreme Court's work is influenced by and in turn influences all three branches of the federal government as well as the interests of the American people. Pacelle analyzes the Court's interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Fisch Fund
Table of Contents
List of Figures
x
List of Tables
xi
Acknowledgements
xii
Introduction: Recalculating: Getting to the Supreme Court with a GPS
1
Acquiring Satellites
2
Research Design
3
In .2 Miles, Prepare to Turn Right
6
1.
The Supreme Court: The Nation's Balance Wheel?
8
The Design of the Framers and the New Normal
12
Understanding Decision Making by the Supreme Court
15
Making Public Policy and Protecting Legitimacy
16
A First Test of the Decision-Making Model
21
A Quick Look Ahead
24
Conclusion
25
Appendix to Chapter 1
28
2.
The Supreme Court and the President: An "Informal and Limited Alliance"
31
"He Shall Nominate..."
33
"He Shall Take Care That the Laws Be Faithfully Executed"
38
"To Supervise and Conduct Government Litigation"
40
"An Informal and Limited Alliance"
43
1.81 Miles, But Sometimes It Seems Much Closer
45
The Umpire Strikes Back
50
Conclusion
53
Appendix to Chapter 2
56
3.
The Supreme Court and Congress: The First Shall Be Last, Will the Last Be First?
59
Congress and the Supreme Court
62
The Panoply of Checks
64
The View from Capitol Hill
71
The House and the Senate
78
What? We Worry?
79
Conclusion
81
Appendix to Chapter 3
84
4.
The Supreme Court and the Bureaucracy: The Clash of Kafkaesque Forces?
90
The Bureaucracy: Perception and Reality
95
The Courts and the Bureaucracy: The Real Powers?
97
Politics and the Bureaucracy
98
The Making of the Modern Supreme Court and the Implications for the Bureaucracy
100
The Evolution of Administrative Law
103
Who's the Boss? Congress or the President?
105
The Third Way? Judicial Control of the Bureaucracy
107
Models of Bureaucratic Behavior
108
The Shifting Standards of Review
110
The Role of the Solicitor General
114
After the Decision: The Bureaucratic Response
119
Conclusion
122
Appendix to Chapter 4
125
5.
The Supreme Court and Public Opinion: The Two Faces of Janus
129
The Public and the Temple
134
Should the Court Pay Attention to the Public?
136
To Not Know the Supreme Court Is to Love the Supreme Court: Specific and Diffuse Support
138
The Gravitational Pull of the Ruling Majority
144
Looking for Janus (the Retrospective Face)
147
The Supreme Court Cares About the Elites, Not About You
151
The New School of Athens and the Second Face of Janus
155
Conclusion
159
Appendix to Chapter 5
163
6.
"Lobbying" the Judicial Branch: May it Please the Court?
167
Because That's Where They Make the Policy
172
Interest Groups, Pluralism, and Political Litigation
173
Parting the Curtains and Opening the Door: The Dance of Litigation
178
Why Do You Think They Call Them "The Haves"
186
The Special Case of the Solicitor General: The Ultimate Repeat Player
189
Jenga!!!
195
Conclusion
199
Appendix to Chapter 6
204
7.
The Supreme Court and the Lower Courts: A Bureaucracy to Call Your Own
210
The Circle of Law
214
If the Courts of Appeals Make a Decision and No One Is Listening, It Still Makes a Sound
216
Of Principles and Principals: There Is No "I" in Team, But There Is "Me"
217
"What Am I? A Potted Plant"
222
It's 3:00 A.M. and No One Is Around
226
Up the Down Staircase
227
Issue Framing and Setting the Agenda
231
Lower Courts: The Interpreting Population
235
The Conditions for Faithful Interpretation and Implementation
237
Holding the Line
241
Lead, Follow, or Get Out of the Way
242
Conclusion
244
Appendix to Chapter 7
247
8.
Conclusion
252
Managing the Court's Environment
255
I Knew I Forgot Something: Where's the Law?
257
The Delicate Balance
259
A Quick Trip Through the Modern Court
262
Opening Farewell
264
Cases Cited
265
Bibliography
267
Subject Index
299
Name Index
305