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 The Role Of The Supreme Court In American PoliticsThe Least Dangerous Branch?by Richard Pacelle Oct 17, 2001
DescriptionWhen the Supreme Court's effectively decided the presidential election of 2000, it decision illustrated a classic question in American politics: what is the appropriate role for the Supreme Court? The dilemma is between judicial activism, the Court's willingness to make significant changes in public policy, and judicial restraint, the Court's willingness to confine the use and extent of its power. While the Framers of the Constitution felt that the judiciary would be the "least dangerous branch" of government, many have come to the conclusion that courts govern America, a notion at odds with democratic government. Richard Pacelle traces the historical ebb and flow of the Court's role in the critical issues of American politics: slavery, free speech, religion, abortion, and affirmative action. Pacelle examines the arguments for judicial restraint, including that unelected judges making policy runs against democratic principles, and the arguments for judicial activism, including the important role the court has played as a protector of minority rights. Pacelle suggests that there needs to be a balance between judicial activism and restraint in light of the constraints on the institution and its power. Stimulating and sure to generate discussion, The Supreme Court in American Politics is a concise supplemental text for American Government and Judicial Politics course. Reviews”A must read for even the most casual of Court observers.” ”One sees a lively seminar roundtable on…so many…topics raised in this short and interesting book.” ”The Least Dangerous Branch is an extremely valuable book for anyone interested in the politics of Supreme Court policy making and its role in American democracy. Pacelle's thorough analysis of the Court focuses on what is surely one of the basic dilemmas of American politics: How can nine unelected and seemingly unaccountable individuals function as the final authority on the key controversies of in a democratic society? He provides a wealth of material and insight which will help readers to arrive at their own conclusions about the appropriate role of the Court. It is an excellent text which, better than most, thoroughly integrates the Court into the fabric of American politics.” ”Richard Pacelle’s The Supreme Court in American Politics is an insightful, intelligent and timely discussion of the important and unique role of the U.S. Supreme Court. He reminds us that it is important to comprehend the nature of the Court’s authority and capacity as a policy-maker in order to understand and appreciate the Court’s potential influence in American politics and impact on society. Pacelle’s adept examination of the Court makes this book a valuable classroom tool and a significant contribution to the scholarly debate over the appropriate role of the Court in a representative democracy. ”This is a timely, accessible, and thoughtful exploration of the dilemma of the Supreme Court in American politics. The impressive insights and evidence marshaled by Pacelle in answering the complex question of the Court’s appropriate role in democratic politics will be enormously valuable to students of law and politics. He leaves little doubt that he is a great teacher of constitutional law as well as a scholar. ”Pacelle's excellent analysis lets undergraduates clearly focus upon the U.S. Supreme Court's fundamental roles in a democratic society. The Supreme Court's political and legal dilemmas concerning its appropriate roles in American government, especially the conflict between judicial activism and judicial restraint, receives careful and fair evaluation in the light of broad democratic principles. Introductory students will have a well grounded understanding of the Supreme Court as an important actor in a pluralist democratic system.” ”The Supreme Court in American Politics provides a thorough and systematic exploration of the Supreme Court’s role in policymaking. By discussing this timely topic in a way that pierces the veil of rhetoric that usually surrounds discussions of judicial activism and restraint, Pacelle contributes a reasoned analysis of judicial policymaking.” ”Richard Pacelle has accomplished a rather difficult task, as he has successfully incorporated much of the scholarly research and debates on judicial politics into an informative resource which is accessible yet does not talk down to students. The Supreme Court in American Politics is a tremendously useful supplement to any course which contemplates the nature of judicial politics, from Judicial Process to American Government, Constitutional law, Civil Liberties, and the Supreme Court.” Selling TerritoryWorld |
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