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The Judiciary: Tenth Edition

Henry J. Abraham
Copyright Date: 1996
Published by: NYU Press
Pages: 240
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  • Book Info
    The Judiciary
    Book Description:

    Revised and updated to include the latest Supreme Court decisions, this classic text, now in its tenth edition, provides a concise overview of the judiciary in general and the Supreme Court in particular. The only book available that combines theory and practice of the judicial process with civil rights and liberties, The Judiciary acquaints students with the intricacies of our courts, the people who compose them, and their relationship to other branches of government, as well as to individuals and groups.

    eISBN: 978-0-8147-0744-9
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-vi)
  2. Table of Contents
    (pp. vii-x)
    (pp. xi-xiv)
  4. CHAPTER ONE American Courts in Practice
    (pp. 1-55)

    Most Americans know less about the judicial branch of their government than they do about its other two branches, the legislative and the executive. This is particularly regrettable because it is to the courts that Americans turn almost eagerly when they seek solutions to difficult and delicate problems of public concern that the legislative and executive branches are unable or unwilling to handle. The legislative branch has been especially guilty of avoiding troublesome matters of public policy. While publicly flaying the courts—especially the Supreme Court, and frequently with intemperate language if not vilification—the legislative branch has been quite...

  5. CHAPTER TWO Courts and Public Policy: Personnel, Judicial Review, and Activism vs. Restraint
    (pp. 56-107)

    The Court’s general role of judicial review, of constitutional and statutory interpretation, as well as the men and women who staff it and the lower courts will now be addressed. To better understand the role of the judiciary in policy making, several aspects of the judicial process must first be analyzed. Some of these may have already become more or less apparent to the reader as a result of the preceding discussions of the characteristics of our courts, in general, and the United States Supreme Court, in particular, as institutions at once governmental, human, and political. Nonetheless, they need additional...

  6. CHAPTER THREE Fundamental Freedoms: I. Basic Considerations
    (pp. 108-162)

    Whatever one’s individual views may be regarding either the wisdom or the appropriateness of the Supreme Court’s role in our democratic society, and its rulings in specific controversies, it is clear that the public, by and large, has expected the Supreme Court of the United States to be and serve as the great and ultimate defender of the basic rights and freedoms of the people. Rightly or wrongly, the Court, since the mid-1920s, has frequently stepped into the perceived vacuum created by the sporadic failure—or possibly default—of Congress and the executive branch to discharge certain responsibilities imposed or...

  7. CHAPTER FOUR Fundamental Freedoms: II. Religion and Expression
    (pp. 163-203)

    It is axiomatic that the Supreme Court’s role in each of the five fundamental freedoms and attendant collateral constitutional rights is enormously significant. The Court has been called upon to adjudicate cases arising under them since the end of World War I, and with increasing frequency. Although it has strived to establish ascertainable lines, some of these remain almost necessarily serpentine. No value judgment should be imputed to the order in which the freedoms are discussed here. They are presented as they appear in the Bill of Rights and subsequent amendments: the First Amendment, the Civil War amendments (Thirteenth, Fourteenth,...

  8. CHAPTER FIVE Fundamental Freedoms: III. Political, Racial, and Sexual Equality
    (pp. 204-274)

    The subjects of political, racial, and sexual equality today are so vast and so inextricably related that, in effect, they cannot be separated. However, for the sake of explication, this chapter will endeavor to compartmentalize them, at least in part, by providing a thumbnail consideration of political equality and a more extensive analysis of racial and sexual equality.

    Minority Suffrage. Progress along the road to universal adult suffrage in this country (as well as in others) was met with many obstacles. After the initial discriminations against Quakers, Catholics, and Jews had subsided, it took a civil war to gain theoretical...

  9. Epilogue
    (pp. 275-278)

    Justice Powell’s admonition that the “contours of public policy should be determined by Congress, not by judges . . .”¹ articulates a presumably obvious, but often blurred fact of government and politics under our Constitution, namely, that the Court is not supposed to be the maker but the interpreter of law. It isnotthe Constitution; it isnotthe maker of public policy. Itisempowered to render judgment on the constitutionality of legislation and executive action; its power of review, specifically spelled out in Article III of the Constitution, is vast—yet the ultimate power, the ultimate responsibility,...

    (pp. 279-284)
  11. APPENDIX A: Statistical Data on Supreme Court Justices
    (pp. 285-290)
  12. APPENDIX B: The Constitution of the United States of America
    (pp. 291-310)
    (pp. 311-322)
    (pp. 323-326)
  15. Back Matter
    (pp. 327-327)