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The Early Republic: Establishment

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0002
Subject:
Political Science, American Politics

This chapter examines the establishment of the federal judiciary from the beginning of George Washington's first term as president in 1789 to the end of Thomas Jefferson's first term in 1805. It ... More


The Civil War and Reconstruction: Empowerment

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0004
Subject:
Political Science, American Politics

This chapter focuses on the empowerment of the federal judiciary from the Compromise of 1850 (admitting California into the Union as a free state and unofficially signifying the beginning of the ... More


The Interwar and New Deal Years: Bureaucratization

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0006
Subject:
Political Science, American Politics

This chapter examines the bureaucratization of the federal judiciary during the quarter century between the dawn of World War I in 1914 and the dawn of World War II in 1939. It shows how reformers ... More


Jeffersonian and Jacksonian Democracy: Reorganization

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0003
Subject:
Political Science, American Politics

This chapter examines the reorganization of the federal judiciary from the beginning of Thomas Jefferson's second term as president in 1805 until just prior to the Compromise of 1850. During the ... More


Modern America: Specialization

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0007
Subject:
Political Science, American Politics

This chapter examines the specialization of the federal judiciary from the start of World War II in 1939 to the election of Bill Clinton's presidential successor in 2000. Coming out of the New Deal, ... More


The Gilded Age and the Progressive Era: Restructuring

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0005
Subject:
Political Science, American Politics

This chapter considers the restructuring of the federal judiciary during the period of Republican dominance from the inauguration of Rutherford B. Hayes in 1877 to the inauguration of Woodrow Wilson ... More


The Puzzle of Judicial Institution Building

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0001
Subject:
Political Science, American Politics

This book explores the historical processes contributing to the rise of the federal judiciary as an independent and autonomous institution of governance in the American political system. More ... More


The Supreme Court and the State Courts

JAMES E. PFANDER

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.005
Subject:
Law, Constitutional and Administrative Law

This chapter builds on Hamilton's distinction between the state courts' preexisting jurisdiction and their jurisdiction over inherently federal matters in proposing to explain the relationship ... More


Federal Judges Revealed

William Domnarski

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195374599
eISBN:
9780199871452
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374599.001.0001
Subject:
Law, Legal Profession and Ethics

The power and influence of the federal judiciary has been widely discussed and understood. And while there have been a fair number of institutional studies of individual district courts or courts of ... More


The Problematics of Federal Jurisdiction

JAMES E. PFANDER

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.001
Subject:
Law, Constitutional and Administrative Law

We have grown accustomed to the pyramidal shape of the federal judiciary, with one Supreme Court presiding over a mixed bag of lower state and federal tribunals. But the Court's own decisions and the ... More


Judicial Power in a Political World

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0008
Subject:
Political Science, American Politics

This concluding chapter synthesizes the book's main findings about the architectonic politics of judicial institution building and contextualizes them within contemporary debates. It also reflects ... More


The Supreme Court, the Elected Branches, and the Constitution

Anna Harvey

in A Mere Machine: The Supreme Court, Congress, and American Democracy

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300171112
eISBN:
9780300199192
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300171112.003.0002
Subject:
Political Science, American Politics

Many believe that federal judges in the United States are free to decide cases independently of elected branch preferences; others state the contrary. This chapter questions both these propositions. ... More


The Supreme Court, Congress, and American Democracy

Anna Harvey

in A Mere Machine: The Supreme Court, Congress, and American Democracy

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300171112
eISBN:
9780300199192
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300171112.003.0001
Subject:
Political Science, American Politics

This first chapter looks at the issues the book aims to address. The book hopes to interrogate the premise of an independent federal judiciary in the United States, focusing on the Supreme Court's ... More


Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Justin Crowe

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.001.0001
Subject:
Political Science, American Politics

How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? ... More


Judicial Appointments Recounted

William Domnarski

in Federal Judges Revealed

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195374599
eISBN:
9780199871452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374599.003.0004
Subject:
Law, Legal Profession and Ethics

This chapter presents the stories behind the judges' appointment to the federal bench. The stories touch on many of the variants in the nomination process and present in revealing details how the ... More


Jurisdictional Retrenchment: Of Babies and Bath Water

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0013
Subject:
Law, Constitutional and Administrative Law

Advocates of a small, elite federal judiciary have their own solution to the problem of appellate overload—jurisdictional contraction. According to them, if Congress would just return federal ... More


Introduction

William Domnarski

in Federal Judges Revealed

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195374599
eISBN:
9780199871452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374599.003.0001
Subject:
Law, Legal Profession and Ethics

This introductory chapter discusses the importance of oral histories in determining answers to the questions of who the judges are and what they do. The oral histories feature federal judges who were ... More


Elitism and Diversity

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0014
Subject:
Law, Constitutional and Administrative Law

The preceding chapters have argued that judicial opposition to increasing the number of appellate judges cannot be based credibly upon concerns over doctrinal inconsistency, the quality of ... More


When They Were Lawyers

William Domnarski

in Federal Judges Revealed

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195374599
eISBN:
9780199871452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374599.003.0003
Subject:
Law, Legal Profession and Ethics

This chapter details the lives of judges when they were lawyers. The oral histories portray the practice of law in the decades of the 1940s, 1950s, 1960s, and 1970s, and present a sharp image of ... More


Ronald Reagan and the Leadership Conference on Civil Rights: Battles Won and Wars Lost

Mary Frances Berry

in Winning While Losing: Civil Rights, the Conservative Movement, and the Presidency from Nixon to Obama

Published in print:
2014
Published Online:
May 2014
ISBN:
9780813049083
eISBN:
9780813046976
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813049083.003.0004
Subject:
History, African-American History

This chapter describes how the Reagan administration sought to limit key civil rights policies such as the Voting Rights Act, to defeat fair housing legislation, to support segregated private ... More


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