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2021 | Book

The Supreme Court and Judicial Power Read chapter Read first chapter

Constitutional Landmarks

Supreme Court Decisions on Separation of Powers, Federalism, and Economic Rights

Authors: Charles M. Lamb, Prof. Jacob R. Neiheisel

Publisher: Springer International Publishing

Part of: Springer Professional "Wirtschaft+Technik" , Springer Professional "Wirtschaft"

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About this book

This book examines leading Supreme Court decisions involving the powers of the Court, the president, and Congress, as well as cases addressing American federalism and Americans’ economic rights. By analyzing both the Court’s opinions and voting patterns from 1791 through 2018, this volume presents an overview of the role of the Supreme Court in the legal and political system of the United States throughout its entire history, regularly relying on Robert McCloskey’s theory of the nation’s three major constitutional eras and the Supreme Court Database in its organizational approach. Over 100 of the Supreme Court's most significant rulings, old and new, are covered and clarified in this volume to provide an objective, reliable, and valuable resource for students, academics, legal professionals, and the general public alike.

Table of Contents

Frontmatter
Chapter 1. The Supreme Court and Judicial Power
Abstract
The U.S. Constitution, the oldest written constitution, gives each branch of the federal government certain distinct powers, each apportioned through a separated system with built-in checks and balances calculated to guard against abuses perpetrated by any one branch. The nation is therefore said to have three separate governmental branches sharing power. This chapter introduces the Supreme Court and its exercise of power, examining milestone decisions beginning with Marbury v. Madison (1803). It then explains the framework used for exploring the Court’s policy-making across the three major constitutional eras as laid out in Robert McCloskey’s The American Supreme Court.
Charles M. Lamb, Jacob R. Neiheisel
Chapter 2. The Presidency and Presidential Power
Abstract
Over time Congress has delegated some of its powers to the president and both the Supreme Court and the public have tended to accept these delegations as legitimate. However, without the powers that the Constitution gives Congress and the Supreme Court, arguably America would not have a democracy as that concept is commonly understood among students of politics and, to a lesser degree, the general public. We highlight this vital theme in this chapter, and in doing so, trace High Court decisions on presidential power from the Civil War period to the present.
Charles M. Lamb, Jacob R. Neiheisel
Chapter 3. Congress and Congressional Power
Abstract
The relationship between American law and politics is perhaps nowhere more apparent than on Capitol Hill. Given this context, here we first explore Congress’s power to regulate interstate commerce. Next, we turn to Supreme Court decisions on three constitutional issues: (1) congressional membership, (2) privileges and immunities, and (3) the conduct of investigations. We then analyze cases pertaining to Congress’s delegation of power to the president and the executive branch, followed by an examination of the Court’s interpretation of Congress’s taxing and spending power. Finally, we look at the extent to which the Court has overruled congressional legislation over time.
Charles M. Lamb, Jacob R. Neiheisel
Chapter 4. Federalism and Federal-State Relations
Abstract
Since its early history the Supreme Court has repeatedly faced challenging issues pertaining to the division of constitutional authority between the federal and state legislatures, federal versus state courts, and, ultimately, the struggles related to the federal government’s efforts at maintaining supremacy over the states. Chief Justice Marshall had federalism in mind in such watershed decisions as Marbury v. Madison, Gibbons v. Ogden, and McCulloch v. Maryland. The same is true of scores of other justices, especially conservatives during the 1990s. This chapter therefore examines the Court’s overall pattern of policy-making in federalism cases from Marshall to recent years.
Charles M. Lamb, Jacob R. Neiheisel
Chapter 5. Americans’ Economic Rights
Abstract
America is predominantly a capitalist nation with a safety net for the economically less fortunate, so decisions influencing who gets what, when, how, and why can be critical economic issues in politics and law. Relying on McCloskey’s theory of the three constitutional eras, we show that the Marshall Court relied on economic rights to bolster federal power, the Court from Chief Justice Taney to the Great Depression permitted business rights to flourish as the nation increasingly became industrialized, and Court decisions since the New Deal have emphasized individual civil rights as well as economic rights in a more regulated economy.
Charles M. Lamb, Jacob R. Neiheisel
Backmatter
Metadata
Title
Constitutional Landmarks
Authors
Charles M. Lamb
Prof. Jacob R. Neiheisel
Copyright Year
2021
Electronic ISBN
978-3-030-55575-7
Print ISBN
978-3-030-55574-0
DOI
https://doi.org/10.1007/978-3-030-55575-7