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The first study of habeas corpus in an American political context. Reexamines this essential individual right and shows that habeas corpus is not necessarily the check that we've assumed--it's as much a tool of politics as it is of the law.
“I have no agenda,” US Supreme Court Chief Justice John Roberts proclaimed at his Senate confirmation hearing: “My job is to call balls and strikes and not to pitch or bat.” This declaration was in keeping with the avowed independence of the judiciary. It also, when viewed through the lens of Roberts’s election law decisions, appears to be false. With a scrupulous reading of judicial decisions and a careful assessment of partisan causes and consequences, Terri Jennings Peretti tells the story of the GOP’s largely successful campaign to enlist judicial aid for its self-interested election reform agenda. Partisan Supremacy explores four contemporary election law issues—voter iden...
As American politics has become increasingly polarized, gridlock at the federal level has led to a greater reliance on state governments to get things done. But this arrangement depends a great deal on state cooperation, and not all state officials have chosen to cooperate. Some have opted for conflict with the federal government. Conservative Innovators traces the activity of far-right conservatives in Kansas who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid. Telling their story, Ben Merriman then expands the scope of the book to look at the tactics used by conservative state g...
Now in its seventh edition, The New Politics of the Old South is the best and most comprehensive analysis and history of political behaviors and shifting demographics in America’s southern states. Edited by leading scholars Charles S. Bullock III and Mark J. Rozell, this book has been updated through the 2020 elections to provide the most accurate and useful snapshot of the state of southern politics, and the ways in which they have developed over time. The southern electorate is a fascinating, dynamic body politic, and the study of its evolution is paramount to understanding the broader political developments occurring at a national level. While accessible to any interested reader, this edition illuminates the South’s essential and growing role in the study, and the story, of American politics. This new edition addresses the change in the organization of the states chapters from “Deep South” and “Rim South” to instead “growth states” and “stagnant states," and focuses on how the main divisions among the southern states now impacting their politics are economic and population growth.
Awakening bears witness to the most egregious disparities between African American people and white people caused by the structural injustice inherent in virtually every institution in the United States.
Despite its mystique as the greatest Anglo-American legal protection, habeas corpus' history features power plays, political hypocrisy, ad hoc jurisprudence, and failures in securing individual liberty. This book tells the story of the writ from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas' historical controversies - addressing its origins, the relationship between king and parliament, the US Constitution's Suspension Clause, the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and wartime detainees from the Civil War and World War II to the War on Terror. It stresses the importance of liberty and detention policy in making the writ more than a tool of power. The book presents a more nuanced and critical view of the writ's history, showing the dark side of this most revered judicial power.
The Research Handbook on Law and Courts provides a systematic analysis of new work on courts as governing institutions. Authors consider how courts have taken on regulating fundamental categories of inclusion and exclusion, including citizenship rights. Courts’ centrality to governance is addressed in sections on judicial processes, sub-national courts, and political accountability, all analyzed in multiple legal/political systems. Other chapters turn to analyzing the worldwide push for diversity in staffing courts. Finally, the digitization of records changes both court processes and studying courts. Authors included in the Handbook discuss theoretical, empirical and methodological approaches to studying courts as governing institutions. They also identify promising areas of future research.
Democracy’s Meanings challenges conventional wisdom regarding how the public thinks about and evaluates democracy. Mining both political theory and more than 75 years of public opinion data, the book argues that Americans think about democracy in ways that go beyond voting or elected representation. Instead, citizens have rich and substantive views about the material conditions that democracy should produce, which draw from their beliefs about equality, fairness, and justice. The authors construct a typology of views about democracy. Procedural views of democracy take a minimalistic quality. While voting and fair treatment are important to this vision of democracy, ideas about equality are...
Widely considered the first history of US Constitutionalism that places African Americans at the center, Promises to Keep is a compelling overview of how conflict over African Americans' place in American society has shaped the Constitution, law, and our understanding of citizenship andrights. Both authoritative and accessible, this revised and expanded second edition incorporates key insights from the last three decades of scholarship and makes sense of recent developments in civil rights, from the War on Drugs to the rise of Black Lives Matter. Promises to Keep shows how AfricanAmericans have played a critical role in transforming the Constitution from a bulwark of slavery to a document th...
When Chief Justice Taney declared Lincoln’s suspension of habeas corpus unconstitutional and demanded the release of John Merryman, Lincoln defied the order, offering a forceful counter-argument for the constitutionality of his actions. The result was one of the most significant cases in American legal history—a case that resonates in our own time.