Supreme democracy : the end of elitism in Supreme Court nominations / Richard Davis.
2017
KF8742 .D387 2017 (Map It)
Available at Cellar
Formats
Format | |
---|---|
BibTeX | |
MARCXML | |
TextMARC | |
MARC | |
DublinCore | |
EndNote | |
NLM | |
RefWorks | |
RIS |
Items
Details
Title
Supreme democracy : the end of elitism in Supreme Court nominations / Richard Davis.
Published
Oxford [UK] ; New York, NY : Oxford University Press, 2017.
Call Number
KF8742 .D387 2017
ISBN
9780190656966 (hardback)
0190656964 (hardback)
9780190656980
0190656980
0190656964 (hardback)
9780190656980
0190656980
Description
xi, 275 pages ; 25 cm
System Control No.
(OCoLC)983797387
Summary
" In the nineteenth and early twentieth centuries, Supreme Court nominations were driven by presidents, senators, and some legal community elites. Many nominations were quick processes with little Senate deliberation, minimal publicity and almost no public involvement. Today, however, confirmation takes 81 days on average-Justice Antonin Scalia's former seat has already taken much longer to fill-and it is typically a media spectacle. How did the Supreme Court nomination process become so public and so nakedly political? What forces led to the current high-stakes status of the process? How could we implement reforms to improve the process? In Supreme Democracy: The End of Elitism in the Supreme Court Nominations, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present. He examines the component parts of the nomination process one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, the news media, and public opinion. The most dramatic development, however, has been the democratization of politics. Davis delves into the constitutional underpinnings of the nomination process and its traditional form before describing a more democratic process that has emerged in the past half century. He details the struggle over image-making between supporters and opponents intended to influence the news media and public opinion. Most importantly, he provides a thorough examination of whether or not increasing democracy always produces better governance, and a better Court. Not only an authoritative analysis of the Supreme Court nomination process from the founding era to the present, Supreme Democracy will be an essential guide to all of the protracted nomination battles yet to come."-- Provided by publisher.
"In Supreme Court Nominations in an Age of Democracy, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present, focusing in particular on how changes in the process have affected the two central institutions involved: the presidency and the Senate. He breaks the process down into its components and examines them one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, television networks, Internet commentators, and-more broadly-public opinion. From there, Davis analyzes how the transformation of the process in recent years has affected both the Senate and the presidency. As a consequence of these changes, the Senate has seen its internal procedures and rules change. It has also affected relations between the two parties within the institution, and reshaped how Senators' interact with constituents. The presidency has transformed, as well. The infrastructure for advancing confirmations has grown enormously, and the president puts far more effort into winning over public opinion than in the past. Needless to say, the relationship between the Senate and presidency has changed too, and in a more acrimonious direction. Partly because of Davis' focus on how institutions evolve over time, this will stand as an authoritative analysis of the Supreme Court nomination process from the founding era to the present"-- Provided by publisher.
"In Supreme Court Nominations in an Age of Democracy, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present, focusing in particular on how changes in the process have affected the two central institutions involved: the presidency and the Senate. He breaks the process down into its components and examines them one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, television networks, Internet commentators, and-more broadly-public opinion. From there, Davis analyzes how the transformation of the process in recent years has affected both the Senate and the presidency. As a consequence of these changes, the Senate has seen its internal procedures and rules change. It has also affected relations between the two parties within the institution, and reshaped how Senators' interact with constituents. The presidency has transformed, as well. The infrastructure for advancing confirmations has grown enormously, and the president puts far more effort into winning over public opinion than in the past. Needless to say, the relationship between the Senate and presidency has changed too, and in a more acrimonious direction. Partly because of Davis' focus on how institutions evolve over time, this will stand as an authoritative analysis of the Supreme Court nomination process from the founding era to the present"-- Provided by publisher.
Note
" In the nineteenth and early twentieth centuries, Supreme Court nominations were driven by presidents, senators, and some legal community elites. Many nominations were quick processes with little Senate deliberation, minimal publicity and almost no public involvement. Today, however, confirmation takes 81 days on average-Justice Antonin Scalia's former seat has already taken much longer to fill-and it is typically a media spectacle. How did the Supreme Court nomination process become so public and so nakedly political? What forces led to the current high-stakes status of the process? How could we implement reforms to improve the process? In Supreme Democracy: The End of Elitism in the Supreme Court Nominations, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present. He examines the component parts of the nomination process one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, the news media, and public opinion. The most dramatic development, however, has been the democratization of politics. Davis delves into the constitutional underpinnings of the nomination process and its traditional form before describing a more democratic process that has emerged in the past half century. He details the struggle over image-making between supporters and opponents intended to influence the news media and public opinion. Most importantly, he provides a thorough examination of whether or not increasing democracy always produces better governance, and a better Court. Not only an authoritative analysis of the Supreme Court nomination process from the founding era to the present, Supreme Democracy will be an essential guide to all of the protracted nomination battles yet to come."-- Provided by publisher.
"In Supreme Court Nominations in an Age of Democracy, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present, focusing in particular on how changes in the process have affected the two central institutions involved: the presidency and the Senate. He breaks the process down into its components and examines them one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, television networks, Internet commentators, and-more broadly-public opinion. From there, Davis analyzes how the transformation of the process in recent years has affected both the Senate and the presidency. As a consequence of these changes, the Senate has seen its internal procedures and rules change. It has also affected relations between the two parties within the institution, and reshaped how Senators' interact with constituents. The presidency has transformed, as well. The infrastructure for advancing confirmations has grown enormously, and the president puts far more effort into winning over public opinion than in the past. Needless to say, the relationship between the Senate and presidency has changed too, and in a more acrimonious direction. Partly because of Davis' focus on how institutions evolve over time, this will stand as an authoritative analysis of the Supreme Court nomination process from the founding era to the present"-- Provided by publisher.
"In Supreme Court Nominations in an Age of Democracy, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present, focusing in particular on how changes in the process have affected the two central institutions involved: the presidency and the Senate. He breaks the process down into its components and examines them one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, television networks, Internet commentators, and-more broadly-public opinion. From there, Davis analyzes how the transformation of the process in recent years has affected both the Senate and the presidency. As a consequence of these changes, the Senate has seen its internal procedures and rules change. It has also affected relations between the two parties within the institution, and reshaped how Senators' interact with constituents. The presidency has transformed, as well. The infrastructure for advancing confirmations has grown enormously, and the president puts far more effort into winning over public opinion than in the past. Needless to say, the relationship between the Senate and presidency has changed too, and in a more acrimonious direction. Partly because of Davis' focus on how institutions evolve over time, this will stand as an authoritative analysis of the Supreme Court nomination process from the founding era to the present"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 229-270) and index.
Record Appears in
Table of Contents
Acknowledgments
xi
Introduction
1
Debate Over The Nomination Process
2
Changing Nomination Process
5
Democratization Of Supreme Court Nominations
16
Purpose Of This Book
18
Constitutional And Early American Political Underpinnings
20
Framers And Judicial Selection
26
Debates At The Constitutional Convention
27
Judicial Selection In The Constitutional Ratification Process
32
Effects On Process Evolution
34
Non-Democratic Court
36
Traditional Process
37
Presidential Selection
41
Senate Confirmation
72
Role Of The Senate Judiciary Committee
74
Democratic Elements
78
Transition Toward Democracy
80
Role Of Interest Groups
81
Role Of The Media
86
Public Opinion
88
Institutional Democratization
89
Undermining The Presumption Of Confirmation
100
Facilitating Democratic Involvement
100
External Player Motivations
102
Presidential Selection
104
President's Environment
105
Influences On Presidential Selection
110
Handling Pressures
121
Vetting The Candidates
122
Conclusion
132
Changing Role Of The Senate
133
Introduction
133
Senate Deliberation
135
Judiciary Committee And The Senate
137
Filibuster
144
Democratic Pressures On The Senate
147
Democracy And The Senate Confirmation Process
167
Presidential Management
169
Public Campaign For Confirmation
170
Political Environment
172
Image-Making Strategies
178
Countering Opposition Image-Making
186
Tactics For Image-Making
189
Senators And The Administration
200
Role Of Groups
209
Summary
214
Conclusion
216
What Is To Be Done?
218
Future Of Nominations
226
Notes
229
Index
271