When Yes Means No: GOP Congressional Strategy and the Reauthorization of the VRA in 2006

The Forum ◽  
2018 ◽  
Vol 16 (2) ◽  
pp. 289-312
Author(s):  
M. Adrienne Jones
Keyword(s):  
Supreme Court ◽  
Voting Rights ◽  
Voting Rights Act ◽  
Roll Call ◽  
Ideological Position ◽  
The Supreme Court ◽  
Dangerous Place ◽  
The Relationship

Abstract This article investigates the relationship between Congressional GOP roll call votes on the Voting Rights Act reauthorization (VRARA) in 2006 and the GOP response to Shelby v. Holder in 2013. Why did the GOP support the VRARA in 2006 and the Shelby decision in 2013 that effectively nullified the VRA? The analysis presented here will demonstrate that the ideological position of the GOP – opposition to the VRA – was the same in both situations. Because Congress was a politically dangerous place for the GOP to oppose the VRA in 2006, it widened the scope of the conflict and helped facilitate the evisceration of Section 5 by the Supreme Court, instead of attempting to achieve that goal in Congress.

scholarly journals The Impact of the Voting Rights Act on American Political Parties

1994 ◽  
Vol 14 ◽  
pp. 565-575
Author(s):  
Howard A. Scarrow
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Voting Rights ◽  
Voting Rights Act ◽  
Legal Standards ◽  
The Past ◽  
The Supreme Court ◽  
The Impact

The weakening of American political parties has been a theme featured in the writings of political scientists for the past several decades. This essay is addressed to developments which may further that decline-developments which have undermined the very purpose which American political parties are said to serve. I refer to legal standards which were established by the Supreme Court in 1964, and which have since been expanded by the Court and then incorporated into the Voting Rights Act of 1965 and its amendment in 1982.

Response to Commentaries

2000 ◽  
Vol 24 (2) ◽  
pp. 443-450
Author(s):  
J. Morgan Kousser
Keyword(s):  
African American ◽  
Supreme Court ◽  
Voting Rights ◽  
The Body ◽  
Board Of Education ◽  
Political Rights ◽  
Voting Rights Act ◽  
Chronological Order ◽  
The Supreme Court ◽  
Long Time

The often kind and always interesting comments of Larry Griffin, David James, and Bradley Palmquist touch different aspects of Colorblind Injustice. Let me respond to them, in effect, in chronological order, according to which periods of history illuminate the comments the most. Palmquist points out that institutions like the Supreme Court may suddenly reverse their decisions, as the Court did in the !“switch in time that saved nine” after FDR had proposed to pack the body in 1937, or as it over-turned Plessy v. Ferguson (1896) in Brown v. Board of Education (1954). But as the Brown example suggests, it often takes a long time to overturn precedents, and that is the case with minority voting rights, as well. It was 25 years after Richard Nixon’s “southern strategy,” 24 years after Earl Warren ceased to be Chief Justice, and 23 years after Nixon proposed to water down the Voting Rights Act before the overwhelmingly Republican Supreme Court dared to seriously undermine African American and Latino political rights. Even then, they hesitated to attack the Voting Rights Act itself directly. Major institutions are tough in two senses: their policies often have large impacts, and the institutions, including those as tiny as the nine-member Supreme Court, are difficult to change.

America's Lone Star Constitution

2018 ◽  
Author(s):  
Lucas A. Powe Jr.
Keyword(s):  
Supreme Court ◽  
Capital Punishment ◽  
School Finance ◽  
Constitutional Law ◽  
Civil Liberty ◽  
Voting Rights ◽  
The Rich ◽  
The Relationship

Texas has created more constitutional law than any other state. In any classroom nationwide, any basic constitutional law course can be taught using nothing but Texas cases. That, however, understates the history and politics behind the cases. Beyond representing all doctrinal areas of constitutional law, Texas cases deal with the major issues of the nation. This book charts the rich and pervasive development of Texas-inspired constitutional law. From voting rights to railroad regulations, school finance to capital punishment, poverty to civil liberty, this book provides a window into the relationship between constitutional litigation and ordinary politics at the Texas Supreme Court, illuminating how all of the fiercest national divides over what the Constitution means took shape in Texas.

scholarly journals Insurance related problems in bareboat charter agreements

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Albano Gilabert Gascón
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Third Parties ◽  
Insurance Contract ◽  
The United Kingdom ◽  
The Supreme Court ◽  
The One ◽  
The Baltic ◽  
The Relationship

AbstractIn 2017, the majority of the United Kingdom Supreme Court held in its judgment in the Gard Marine and Energy v China National Chartering (The Ocean Victory) case that, in bareboat charters under the ‘BARECON 89’ form, if both the owner and the charterer are jointly insured under a hull policy, the damages caused to the vessel by the charterer cannot be claimed by the insurer by way of subrogation after indemnifying the owner. The interpretation of the charter party leads to the conclusion that the liability between the parties is excluded. Faced with the Supreme Court’s decision, the Baltic and International Maritime Council (BIMCO) adopted a new standard bareboat charter agreement only a few months later, the ‘BARECON 2017’ form, which amends, among other clauses, the one related to insurance. The present paper analyses (i) the new wording of the clause mentioned above and (ii) its incidence on the relationship between the parties of both the charter agreement and the insurance contract and its consequences for possible third parties. Despite BIMCO’s attempt to change the solution adopted by the Supreme Court and his willingness to allow the insurer to claim in subrogation against the person who causes the loss, the consequences, as it will be seen, do not differ much in practice when the wrongdoer is the co-insured charterer. On the contrary, when the loss is caused by a time charter or a sub-charter, in principle, there will be no impediment for the insurer to sue him.

scholarly journals Some psychological impacts on judging in criminal cases within the Supreme Court of Cassation of the Republic of Serbia

2020 ◽  
Vol 25 (2) ◽  
pp. 13-28
Author(s):  
Dragutin Avramović
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
Criminal Cases ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Psychological Impacts ◽  
The Republic ◽  
The Relationship ◽  
Media Pressure

Following hypothesis of Andrew Watson, American professor of Psychiatry and Law, the author analyses certain psychological impacts on behavior of judges and examines the relationship between their idiosyncrasies and their judicial decisions. The survey encompasses the judges of Criminal Department of the Supreme Court of Cassation of the Republic of Serbia and, also, for comparative reasons, the judges of Criminal Department of the First Basic Court in Belgrade. Considering the main issues there is no great discrepancy between answers given by the judges of the Supreme Court and those of the Basic Court. Most responses of the Serbian judges deviate from Watson's conclusions, namely: they do not admit that they feel frustrated due to heavy caseloads, the significant majority of judges are reluctant to acknowledge their prejudices and influence of biases on their ruling, the significant majority of judges are not burdened with the idea of possible misuse of their discretion, they nearly unanimously deny that public opinion and media pressure affect their rulings, etc. Generally, the judges in Serbia are not willing to admit that they cannot always overcome their own subjectivities.

Evolution of the Roman Republican Senate: Composition, Election, and Judicial functions (Part 1)

2021 ◽  
pp. 62-77
Author(s):  
L. L. Kofanov ◽  
Keyword(s):  
Supreme Court ◽  
Point Of View ◽  
Significant Part ◽  
Supreme Council ◽  
The Supreme Court ◽  
The World ◽  
Judicial Authority ◽  
The Republic ◽  
The Relationship ◽  
Gradual Transformation

The paper deals with the Roman senatus in the period from 5th to 3rd century BC, from the point of view of its composition, completion and selected competences. As to its composition, in the most arcaic times of the Roman state, the senate was an assembly of the heads of clans (patres gentium), who represented the ideas of patricians. The autor presents gradual transformation of the composition of the senate and switch towards the inclusion of the plebeians. It describes also the process of the cooptation of the members, rules of which incurred fundamental changes from the hereditary principles to the regulation given by statutes. A significant part of the article is devoted to the judicial functions of the Senate and the relationship between the iudicium senatus and the iudicium populi, the transformation of the Senate court from a regional body to the highest, global court of the entire Mediterranean. It’s noted that if the original Roman Senate de iure was the judicial authority only one of the Latin Confederation, later after 338 BC, it becomes the Supreme court of the Latin Union, and by the end of the Republic is transformed into the «Supreme Council of the world».

Judicial Power in a Political World

2012 ◽  
Author(s):  
Justin Crowe
Keyword(s):  
Supreme Court ◽  
Political Rhetoric ◽  
Democratic Politics ◽  
Judicial Power ◽  
The Political ◽  
Institution Building ◽  
Political Arena ◽  
Federal Judiciary ◽  
The Supreme Court ◽  
The Relationship

This concluding chapter synthesizes the book's main findings about the architectonic politics of judicial institution building and contextualizes them within contemporary debates. It also reflects upon the lessons of the more than 200-year historical lineage of the institutional judiciary for our understanding of judicial power in America. More specifically, it considers the place of the federal judiciary in America's past and future in empirical and normative terms, respectively. It argues that both political rhetoric and academic exegesis about the Supreme Court embody a fundamentally incorrect presumption about the judiciary being external to politics, and that such presumption leads to a series of misconceptions about the relationship between judicial power and democratic politics. The chapter offers a conception that not only locates the judicial branch squarely within the political arena but also places substantially greater emphasis on its cooperation rather than conflict with other actors and institutions in that arena.

14. Land Law and Human Rights

Land Law ◽  
2020 ◽  
pp. 593-629
Author(s):  
Chris Bevan
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
European Convention ◽  
Land Law ◽  
European Court ◽  
The Supreme Court ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
The Relationship

This chapter examines the relationship between land law and human rights. From a distinctly land law perspective, the human rights discourse has given rise to much debate, which continues to fuel much academic commentary including recent examination of the availability of horizontal effect in McDonald v McDonald in the Supreme Court and in the European Court of Human Rights. The chapter focuses chiefly on the two most pertinent provisions of the European Convention on Human Rights (ECHR) for land law; namely Art. 1 of the First Protocol and Art. 8 and reflects on the, at times, difficult relationship between land law and human rights.

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