TY  - BOOK
AU  - Pacelle,Richard L
TI  - Role of the supreme court in American politics : the least dangerous branch? 
T2  - Dilemmas in American politics
SN  - 0813367530
AV  - KF8748 .P33 2002
U1  - 347.350973 22
PY  - 2002///
CY  - Boulder
PB  - Westview Press
KW  - United States
KW  - Supreme Court
KW  - Judicial power
N1  - Includes bibliographical references (p. 171-177) and index; Introduction: A Five-Week Election Night Ends Up in the Supreme Court --; 1; The Supreme Court: Law or Politics?; Defining the Dilemma; Making Public Policy: Does the Supreme Court Take Part?; The Supreme Court; Unraveling the Dilemma; Statutory Construction: Changing the Meaning; Judicial Review; Overturning Precedent; Interpreting and Revising Constitutional Provisions; Evaluating the Role of the Supreme Court --; 2; The Historical Dimension of the Dilemma; The Marshall Court (1801-1835); The Taney Court (1836-1864); Substantive Due Process; The Preferred Position Doctrine: Selective Judicial Activism; The Burger and Rehnquist Courts: Return to Restraint? --; 3; The Democratic Dimension of the Dilemma: Unelected Policymaking; Democratic Theory and the Supreme Court; Policymaking Against Majority Will; Review Compatible with Democratic Values; Deliberately Undemocratic; Are the Elected Branches Democratic?; The Practical Realities of American Politics; A Pluralist Role for the Supreme Court; Rights and Liberties: The Province of the Supreme Court; Democratic Concerns Revisited --; 4; The Institutional Dimension of the Dilemma: Constitutional and Self-Imposed Limitations; The Limits of the Judicial Branch; Jurisdiction; Justiciability; Checks and Balances; Exposing the Supreme Court; The Power and Potential of the Supreme Court --; 5; The Judicial Capacity Dimension of the Dilemma: Does the Supreme Court Have the Ability to Make Policy?; The Supreme Court: Powerful Enough or Too Weak?; The Supreme Court's Ability to Make Policy; Assessing Judicial Capacity; The Indictment Against the Judiciary; Viable Alternatives to the Judiciary; The Case for Relative Capacity; Is Capacity A Barrier? --; 6; The Individual Dimension of the Dilemma: The Bases for Decisions; The Dilemma for the Individual Justice; Legal Factors in Decisionmaking; Problems with the Legal Factors; Extralegal Factors in Decisionmaking; Relying on the Constitution: Legal or Extralegal?; Reconciling the Two Perspectives --; 7; Toward Resolving the Dilemma: A Return to the Recent Past; The Mysterious Branch of Government Nobody Knows; Recognizing the Constraints and Potential; Designing a Role for the Supreme Court; Protecting the Court's Legitimacy
ER  -