scholarly journals Kampen mellem den amerikanske præsident, Kongressen og Højesteret – styrkelsen af præsidentembedet efter 2001.

Politik ◽  
2010 ◽  
Vol 13 (2) ◽  
Author(s):  
Marie Hammer

Former President Bush came into office convinced that the US Presidential Office had been wrongly weakened. The 2001 terrorist attack provided Bush with the opportunity to remedy this situation. Capitalised on new won public support combined with the need for the president to act in a time of emergency Bush aimed to strengthening the power of the presidential office. However, the President’s intentions at the time do not provide us with the full picture. Using agency-theory this article examines the reaction from Congress and the Supreme Court which throughout the period paved the way for change in the institutional balance of power. President Barack Obama signalled a break from this form of imperial presidency but is also dependent on enforcing his electoral pledges. Confronted by an uncooperative Congress and pressure from both Congress and the Court to investigate the Bush–era’s security policies Obama is forces to position himself in the institutional power battle. 

Author(s):  
Joseph Heller

This chapter shows how Israel persuaded the US to initiate the ‘memorandum of understanding’ which changed Israel’s deterrent capabilities. First, Israel insisted that the balance of power had changed dramatically in terms of heavy armaments and the construction of Arab forces, due to greater Soviet support. Khrushchev’s visit to Egypt aggravated anxiety of in Israel regarding a Soviet-Arab plot to destroy Israel in a surprise attack. The visit was not merely symbolic, but rather proofof Soviet solidarity with Arab intentions, including public support for the Palestinian cause. The US promised that the Sixth Fleet was ready to react to any Arab attack, but Israel had little faith in such promises, in view of the Arab summits which bid for military escalation. The Soviet made it clear that without the removal of the western bases in Turkey and the western courting of Iran, no settlement in the Middle East was possible.


Author(s):  
Joseph Daniel Ura ◽  
Patrick C. Wohlfarth

Abstract A growing body of empirical research shows an association between public support for the US Supreme Court and both judicial independence and congressional court curbing activity. At the same time, studies of jurisdiction stripping show Congress’ efforts to limit federal courts’ jurisdiction are principally related to courts’ workloads rather than ideological differences between courts and Congress. Here, the authors connect these streams of inquiry by testing the hypothesis of a negative relationship between public support for the Supreme Court and jurisdiction-stripping legislation. Contrary to prior studies, the authors find a positive relationship between Americans’ confidence in the Supreme Court and jurisdiction stripping. This result indicates the need for additional research on the interactions among public opinion, federal courts, and Congress.


Author(s):  
Fred H. Cate ◽  
Beth E. Cate

This chapter covers the US Supreme Court’s position on access to private-sector data in the United States. Indeed, the Supreme Court has written a great deal about “privacy” in a wide variety of contexts. These include what constitutes a “reasonable expectation of privacy” under the Fourth Amendment to the Constitution; privacy rights implicit in, and also in tension with, the First Amendment and freedom of expression; privacy rights the Court has found implied in the Constitution that protect the rights of adults to make decisions about activities such as reproduction, contraception, and the education of their children; and the application of the two privacy exemptions to the Freedom of Information Act (FOIA).


2007 ◽  
Vol 23 (1) ◽  
pp. 97-130 ◽  
Author(s):  
Chaim Saiman

These are heady times in America's law and religion conversation. On the campaign trail in 1999, then-candidate George W. Bush declared Jesus to be his favorite political philosopher. Since his election in 2001, legal commentators have criticized both President Bush and the Supreme Court for improperly basing their decisions on their sectarian Christian convictions. Though we pledge to be one nation under God, a recent characterization of the law and religion discourse sees America as two sub-nations divided by God. Moreover, debate concerning the intersection between law, politics and religion has moved from the law reviews to the New York Times Sunday Magazine, which has published over twenty feature-length articles on these issues since President Bush took office in 2001. Today, more than anytime in the past century, the ideas of an itinerant first-century preacher from Bethlehem are relevant to American law.


1987 ◽  
Vol 81 (4) ◽  
pp. 1139-1153 ◽  
Author(s):  
Gregory A. Caldeira

I show the intimate connection between the actions of the justices and support for the Supreme Court during one of the most critical periods of U.S. political history, the four months of 1937 during which Franklin D. Roosevelt sought legislation to “pack” the high bench with friendly personnel. Over the period from 3 February through 10 June 1937, the Gallup Poll queried national samples on 18 separate occasions about FDR's plan. These observations constitute the core of my analyses. I demonstrate the crucial influence of judicial behavior and the mass media in shaping public opinion toward the Supreme Court. This research illuminates the dynamics of public support for the justices, contributes to a clearer understanding of an important historical episode, shows the considerable impact of the mass media on public attitudes toward the Court, and adds more evidence on the role of political events in the making of public opinion.


Author(s):  
Christoph Bezemek

This chapter assesses public insult, looking at the closely related question of ‘fighting words’ and the Supreme Court of the United States’ decision in Chaplinsky v New Hampshire. While Chaplinsky’s ‘fighting words’ exception has withered in the United States, it had found a home in Europe where insult laws are widely accepted both by the European Court of Human Rights and in domestic jurisdictions. However, the approach of the European Court is structurally different, turning not on a narrowly defined categorical exception but upon case-by-case proportionality analysis of a kind that the US Supreme Court would eschew. Considering the question of insult to public officials, the chapter focuses again on structural differences in doctrine. Expanding the focus to include the Inter-American Court of Human Rights (IACtHR) and the African Court on Human and Peoples’ Rights (ACtHPR), it shows that each proceeds on a rather different conception of ‘public figure’.


2018 ◽  
Vol 48 (3) ◽  
pp. 77-82
Author(s):  
Marcin Piatkowski

The article argues that China has achieved a remarkable progress in promoting technology absorption and innovation over the past decade. China today spends 2.1 percent of GDP on R&D, more than the OECD average. By 2020, China together with the US will be responsible for more than half of the world’s R&D spending. These two countries may thus largely de-cide about the speed and direction of mankind’s technological progress. Despite the pro-gress, however, China still faces several challenges to becoming a global technological giant. To face these challenges, China would be well advised to increase the quality of innovation outputs, strengthen efficiency of public support for innovation, further strengthen intel-lectual property rights, and help enhance managerial practices of Chinese firms.


Author(s):  
P. Sinovets ◽  
V. Gergiieva

Since 2002 until now, the Iranian nuclear program remains one of the hottest international problems despite the efforts of three US presidential administrations, which ruled during this time to solve the Iranian issue. This article analyses and compares the policy toward Iran of three US presidents George Bush, Barack Obama, and Donald Trump, discusses the positive and negative consequences of their attempts to solve the Iranian nuclear issue, and outlines the future prospects of US-Iran communication over the nuclear deal. President Trump's policy on Iran was somewhat similar to that of President Bush, both presidents rejected the policy of any concessions to Iran and focused on the policy of pressure. The US withdrawal from the JCPOA influenced not only the relations between the US and Iran, but also the relations of European countries, as since its release in 2018, Europe has tried to save the JCPOA and deter Iran from resuming its nuclear program. In general, Trump's policies not only canceled the nuclear deal, which was the result of long negotiations by the Obama administration, but also complicated further negotiations with Iran. Despite the victory of Democrat Joe Biden, who is a follower of Obama's policies, signing a new agreement with Iran may be even more difficult than it was in 2013-2015, because Iran's missile program has become even more developed, as well as distrust of international treaties as well. The article analyzes the possible consequences of Trump's policies and options for returning to dialogue and agreement. The next crucial stage in Iran-US relations is the upcoming elections in Iran in 2021, the results of which will affect the readiness of any concessions to ease sanctions and establish a dialogue. Key words: Iranian nuclear program, Joint Comprehensive Plan of Action (JCPOA), Nonproliferation Treaty (NPT), economic sanctions.


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