Tag: US Supreme Court
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From the Least Dangerous Branch of Government to the Most Democratically Disruptive Court in the World
—Miguel Schor, Professor of Law and Associate Director of the Drake University Constitutional Law Center In The Federalist, Alexander Hamilton wrote that the United States Supreme Court is the least dangerous of the three branches of government as it lacks the power of the President or Congress.
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The Unfinished Job of Marbury v. Madison: Appointment of Judges during an Electoral Campaign Period
— Antonios Kouroutakis, Assistant Professor, IE University, Madrid. Introduction Marbury v Madison[1] is a landmark decision of the US Supreme Court. In the words of Chief Justice Marshall the doctrine of Constitutional Supremacy was established and the power of the Courts to review and strike down acts of the legislative body, if and when ordinary legislation…
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What the Harvard Decision Gets Right about Affirmative Action
—Yuvraj Joshi, Doctoral Candidate, Yale Law School A federal judge has upheld Harvard College’s admissions program against a challenge from Edward Blum. Her opinion reinforces what I interpret to be the true purpose of affirmative action in the U.S., which is the pursuit of racial transition.
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Trapped in the Age of Trump: the American Supreme Court and 21st Century Populism
—Or Bassok, University of Nottingham [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here. The author thanks Shay Levi for his valuable comments.] The American Supreme Court is currently ill-equipped to confront populism.
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Where do Justice Ginsburg and Justice Hale—and Judicial Independence—Go from Here?
—Brian Christopher Jones, Liverpool Hope University Both of these influential and widely respected justices have recently tested the limits of judicial speech through provocative and ill-timed statements.[1] Back in July, Justice Ginsburg exclaimed, “I can’t imagine what the country would be—with Donald Trump as our president”, then called Trump a “faker”, and even suggested that she…
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How Far Out of Step is the Supreme Court of the United States?
—Brian Christopher Jones, Liverpool Hope University The short answer to the question posed in the title of this piece is: very. This post focuses on three things, some of which Erwin Chemerinsky covered in his recently published monograph, The Case Against the Supreme Court, and also that I focused on in my book review of that…