The Judicial Veto and Political Democracy

1916 ◽  
Vol 10 (4) ◽  
pp. 700-709
Author(s):  
Blaine F. Moore
Keyword(s):  
United States ◽  
Separation Of Powers ◽  
United States Supreme Court ◽  
Great Majority ◽  
The United States ◽  
The Political ◽  
Political Democracy ◽  
Federal Constitution ◽  
Political Principle ◽  
The One

Since the United States has theoretically no police power, and since the federal Constitution is essentially a political document, the national judiciary must in the main use political clauses of the organic law as the basis for nullifying statutes. While clauses of this nature are thus frequently made to serve as a basis for the decisions, the great majority of statutes nullified by the United States supreme court have pertained in fact to economic and social rather than political matters. While the court has nullified in all about thirty-three federal statutes, the scope of this discussion will permit of a summary only of the more important statutes which have directly affected political questions.The political principle of separation of powers has afforded the basis for the nullification of seven federal statutes. All these decisions have, however, affected the power and jurisdiction of the court itself; and in every jurisdictional case, with but one unimportant exception, the court has refused to accept authority which congress attempted to bestow upon it.While the court has thus almost uniformly limited its authority in the jurisdictional cases, in one instance the principle promulgated was most momentous—the one laid down in Marbury vs. Madison.

Introduction The Birth and Growth of Judicial Review in the Civil Law World

2021 ◽  
pp. 1-8
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The Political ◽  
The United Kingdom

This book is about the stunning birth and growth of judicial review in the civil law world, since 1945. In Volume I of this two-volume series, I showed that judicial review was born and grew in common law G-20 constitutional democracies and in Israel primarily: (1) when there is a need for a federalism or a separation of powers umpire, (2) when there is a rights from wrongs dynamic, (3) when there is borrowing, and (4) when the political structure of a country’s institutions leaves space within which the judiciary can operate. The countries discussed in Volume I were the following: (1) the United States, (2) Canada, (3) Australia, (4) India, (5) Israel, (6) South Africa, and (7) the United Kingdom....

Exiliados de la Revolucióón mexicana: El caso de los villistas (1915––1921)

2001 ◽  
Vol 17 (1) ◽  
pp. 109-141 ◽  
Author(s):  
Victoria Lerner
Keyword(s):  
United States ◽  
Mexican Revolution ◽  
The United States ◽  
The Political ◽  
Political Activities ◽  
Political Situation ◽  
The Subject ◽  
The One ◽  
Sobre Todo

As a result of the Mexican Revolution, many politicians from various factions were forced into exile between 1906 and 1940, particularly between 1910 and 1920. The subject has merited little attention until the present despite the fact that its study can provide another perspective on the Mexican Revolution, the one of the opponents who were defeated. This study focuses on the exile of the villistas that began in the autumn of 1915 and ended at the beginning of the 1920s. The article considers who were the villista exiles, how they escaped from Mexico, how they adapted economically in the United States, and when they returned to their country. It also examines certain political tendencies and their later activities between 1920 and 1940. Four political activities in the United States intended to change the political situation in Mexico are considered. Finally, the article examines how U.S. authorities, closely involved with their Mexican counterparts, treated the exiles. LaRevolucióón mexicanacausóó elexilio de muchos polííticos de distintas facciones entre 1906 y 1940, sobre todo entre 1910 y 1920. Este tema ha merecido muy pocaatencióón hasta elmomento presente,a pesarde que atravéés de éélpodemos aproximarnos desde otra perpectiva a la Revolucióón mexicana, desde el punto de vista de los opositores que muchas veces fueron los vencidos. Este estudio se centra en el exilio de los villistas que empezóó en el otoñño de 1915 y terminóó a principios de la déécada de 1920. En este artíículo se analiza quiéénes fueron los exiliados villistas, cóómo escaparon de Mééxico, su acomodo econóómico y laboral en Estados Unidos y el retorno a su patria, dejando ver ciertas tendencias polííticas de su actuacióónpolíítica ulterior entre 1920y 1940.Se desmenuzan cuatro actividades polííticas que emprendieron en Estados Unidos para cambiar la situacióón mexicana. Finalmente se abarca la forma en que fueron tratados durante su exilio en los Estados Unidos, por las autoridades de este paíís que estaban estrechamente vinculadas con las mexicanas.

Declaration of Nelson W. Polsby in Badham v. Eu

1985 ◽  
Vol 18 (03) ◽  
pp. 568-572
Author(s):  
Nelson W. Polsby
Keyword(s):  
United States ◽  
Political Party ◽  
Political Process ◽  
United States Supreme Court ◽  
The United States ◽  
The Political ◽  
Political Judgment ◽  
United States Census ◽  
Trade Offs ◽  
Conflicting Interests

1. I offer the Court this declaration because I believe that it is helpful for the Court to consider the extent to which the reapportionment process is inescapably political and value-laden. The drawing of district boundaries requires the weighing of many different and often conflicting interests. Any result will be a political result pleasing to some and not to others. Tests that could be used by the courts to manage cases, like this one, in which a partisan group petitions the courts to impose a judicial result in a state in which one political party claims to be disadvantaged by the outcome of the political process, are not neutral but political in their outcomes, and trade-offs between and among the various tests that might be used require the exercise of political judgment.2. In the early 1960s, the United States Supreme Court affirmed the principle that members of Congress must represent districts containing equal numbers ofindividuals(regardless of whether they vote or are even eligible to vote) as measured by the United States census. The application of this standard required only that the courts determine the respective populations of districts, a readily manageable task. The plaintiffs in this case, however, are asking the Court to do something much more difficult, namely protect the interests of one of many political or socialgroups, and have suggested that there may be an ideal degree of collective “effectiveness” of votes cast by a particular group. This is an entirely different matter.

The United States and Canada

2019 ◽  
Keyword(s):  
United States ◽  
Political Institutions ◽  
Separation Of Powers ◽  
The United States ◽  
The Political ◽  
Legislative Process ◽  
Political Systems ◽  
Political Values ◽  
Incremental Change ◽  
Institutional Differences

This edited volume compares the political systems of the United States and Canada, focusing on the effects of political institutions, and their interaction with political values and other factors, in policymaking. It explores the differences between the American presidential (or separation-of-powers) system and the Canadian parliamentary system. It also considers institutional differences such as federalism, bureaucratic leadership, and judicial definitions of citizens’ rights. It deals mainly with the period from the mid-20th century to the present but also discusses recent developments—especially the Trump presidency. The first section addresses political culture and institutions and considers political values, party and electoral systems, executive leadership and the legislative process, bureaucracy and civil service influence, and federalism. The second section addresses policymaking and outcomes, including economic policy, environmental policy, morality issues, social policy, managing diversity, and selected societal outcomes. The conclusion discusses prospects and challenges for both political systems and finds that policy differences between the two countries have diverse causes—from geography and demography, to political values, to institutional structures. The effects of institutions are often crucial, but they depend heavily on interactions with other political circumstances. Even modest, incremental change in the electoral strength or ideological tendencies of the political parties can transform institutional performance. Thus, Canada’s historic center-left moderation may be on the brink of giving way to wider ideological fluctuation and the U.S. political system was increasingly dysfunctional, even before the election of Donald Trump as president led to chaos in policymaking and the threat of severe constitutional crisis.

From the One Best Way to The Way Forward to One Ford

2018 ◽  
pp. 183-194
Author(s):  
Elizabeth D. Esch
Keyword(s):  
United States ◽  
World War I ◽  
The United States ◽  
The Political ◽  
Antonio Gramsci ◽  
World War ◽  
Cultural Implications ◽  
The One ◽  
National Economies ◽  
Insight Into

AS THE FORD MOTOR COMPANY’S PLACE in multiple national economies deepened in the decades after World War I so, too, did analysis and assessment of the political and cultural implications of Ford’s various presences. No one offered greater insight into the promise and peril represented by Ford than Antonio Gramsci, despite the stark limits imposed on him by incarceration and the multiple deprivations that attended it. In “Americanism and Fordism” Gramsci described the process through which the United States had relatively easily “made the whole life of the nation revolve around production” through a combination of “force … and persuasion.”...

Repeal of the Judiciary Act of 1801

1915 ◽  
Vol 9 (3) ◽  
pp. 519-528 ◽  
Author(s):  
William S. Carpenter
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Federal Courts ◽  
The Political ◽  
The Federalist ◽  
The Supreme Court ◽  
Political Advantage ◽  
The One ◽  
Circuit Courts

The intent of the framers of the judiciary act of 1801 has been to the present day a matter of some doubt. On the one hand it has been shown that alterations in the judiciary system of the United States had long been agitated before the failure of the Federalist party in the elections of 1800. Soon after the establishment of federal courts in 1789 relief had been sought by the justices of the supreme court from the arduous duties necessitated in riding the circuits. In 1799 a bill designed to establish a system of circuit courts was reported upon which action was postponed. But this later became the basis for the act of 1801. It has, therefore, been contended that, quite apart from the political advantage given the Federalists by the passage of the act of 1801, such changes in the judiciary system were warranted by necessity.At the same time it is equally clear that the amount of business before the courts of the United States, although it had been excessive, had begun to decline. No further prosecutions were to be expected under the alien and sedition acts, and a decrease in the number of suits before the federal courts involving other questions was observed even before the accession of Jefferson to the presidency.

scholarly journals Border and Textuality in the Mediterranean: United States and Spain in Transition Towards Democracy under the Cold War

2021 ◽  
pp. 11-26
Author(s):  
José Luis Neila Hernández
Keyword(s):  
United States ◽  
Mediterranean Area ◽  
The United States ◽  
Political Transition ◽  
The Political ◽  
Spanish Society ◽  
Mediterranean World ◽  
The Mediterranean ◽  
The One ◽  
The Cold War

The Political Transition catalyzed a change process in the Spanish society that would lead to its international standardization. The international dimension was the key to understand the nature of the Spanish Policy concerning the Mediterranean Area, its close southern periphery, and the guidelines of the Modernization in a European and Western sense. The reflection about the meaning of the frontier in the historical and cultural background of the United States of America and Spain according to the Mediterranean world, is analyzed from these two approaches: on the one hand, the challenge and the debate about the Modernity and Modernization throughout the 20th century in the special context of the Political Transition; and, on the other hand, the different experiences that were converging from Washington and Madrid around the Mediterranean as a frontier in term of security.

Comment: The Separation of Powers in 1867

1987 ◽  
Vol 20 (1) ◽  
pp. 117-120 ◽  
Author(s):  
Janet Ajzenstat
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Twentieth Century ◽  
Political Culture ◽  
Separation Of Powers ◽  
The United States ◽  
The Political ◽  
Democratic Institutions ◽  
Mixed Constitution

Philip Resnick argues that Montesquieu is seminal for an understanding of Canadian institutions. We find in nineteenth-century Canada, he says, not Montesquieu's separation of powers doctrine, so influential in the United States, but his teaching about the mixed constitution, that is, government by a combination of monarchic, aristocratic and democratic institutions. He argues that this influence shows in such typical features of our political culture as acceptance of hierarchical patterns, deference to authority and so on; these are reflections of the “disdain for democratic excesses” inherent in the mixed constitution. He then goes on to suggest that we have grown out of the mixed constitution in the twentieth century, but that as a result of the Charter of Rights and Freedoms relations between the political and judicial powers in Canada have so come to resemble the American that we are justified in saying that Canada in this one respect is now characterized by the separation of powers. We have moved from the Montesquieu of the mixed constitution to the Montesquieu of the separation of powers.

Church and State in America: Toward a Biblically Derived Reformulation of Their Relationship

1988 ◽  
Vol 50 (4) ◽  
pp. 561-581
Author(s):  
H. Mark Roelofs
Keyword(s):  
United States ◽  
Supreme Court ◽  
Church And State ◽  
United States Supreme Court ◽  
The United States ◽  
Moral Experience ◽  
The Political ◽  
United States Supreme ◽  
Religious Traditions

This article begins with a critique of the orthodox American doctrine calling for the separation of church and state, especially as this doctrine has been formulated by the United States Supreme Court. This doctrine is simplistic, dualistic, and merely jurisdictional; it is also much too narrowly tied to Hobbesian-Lockean liberal prejudices and their asocial vocabularies. The predominant American religious traditions (Protestant, Catholic, and Jewish) are all, at core, biblical, and a biblically derived reformulation of American thinking on church-state relationships would differ from the orthodox tradition in three fundamental respects: (1) far from a “separation” of church and state, these would be seen as partners in a shared world of national moral experience; (2) the religious element in this combination, as much as the political, would be understood in broad, social terms, not merely those of “private conscience”; (3) in their shared world, the specific relationships between church and state would be seen in ongoing, dialectical terms rooted in their necessarily conflicting visions of the nation's past, its problems, and its promises.

Protecting the Court’s Institutional Interests: Why Not the Marbury Approach?

1987 ◽  
Vol 81 (1) ◽  
pp. 121-129
Author(s):  
Michael J. Glennon
Keyword(s):  
United States ◽  
Supreme Court ◽  
Legal System ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The One

A wise prince must rely on what is in his power and not on what is in the power of others.MachiavelliThe International Court of Justice in Military and Paramilitary Activities in and against Nicaragua confronted a dilemma that paralleled in many ways the one confronted by the United States Supreme Court in the famous 1803 case of Marbury v. Madison. Each dispute confronted a young court that had not yet established its legitimacy; each court faced a powerful, recalcitrant defendant that challenged its right to decide the case; and each therefore seemed to face two equally unpalatable choices: avoiding the case and seeming to admit defeat, or resolving it only to have the judgment ignored. Either choice seemed to entail profound damage not only for the court as an institution but also for the legal system in which it operated.

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