Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Supreme Court of the United States (4)
- 2016 Presidential Election (1)
- Adam Smith (1)
- Alexander Hamilton (1)
- Alexis de Tocqueville (1)
-
- American Revolution (1)
- Barry Goldwater (1)
- Britain (1)
- Brown v. Board of Education (1)
- Celebrity culture (1)
- Citizens United v. FEC (1)
- Clarence Thomas (1)
- Classical Republicanism (1)
- David Hume (1)
- Declaration of Independence (1)
- Donald Trump (1)
- Extrajudicial speech (1)
- Hillary Clinton (1)
- John Adams (1)
- Judicial legitimacy (1)
- Justices (1)
- King Louis XVI (1)
- Lecture (1)
- Legal history (1)
- Merrick Garland (1)
- Minority justice (1)
- Monarchy (1)
- Montesquieu (1)
- Neil Gorsuch (1)
- Popular vote (1)
Articles 1 - 5 of 5
Full-Text Articles in Legal History
Will The Supreme Court Still “Seldom Stray Very Far”?: Regime Politics In A Polarized America, Kevin J. Mcmahon
Will The Supreme Court Still “Seldom Stray Very Far”?: Regime Politics In A Polarized America, Kevin J. Mcmahon
Chicago-Kent Law Review
This Article examines the concept of a “minority Justice,” meaning a Supreme Court Justice appointed by a President who had failed to win the popular vote and confirmed with the support of a majority of senators who had garnered fewer votes in their most recent elections than their colleagues in opposition. Specifically, Neil Gorsuch was the first “minority Justice,” receiving the support of senators who had collected nearly 20 million fewer votes than those in opposition (54,098,387 to 73,425,062). From there, the Article considers the significance this development, first by examining some of the foundational work of the regime politics …
The Forgotten Issue? The Supreme Court And The 2016 Presidential Campaign, Christopher W. Schmidt
The Forgotten Issue? The Supreme Court And The 2016 Presidential Campaign, Christopher W. Schmidt
Chicago-Kent Law Review
This Article considers how presidential candidates use the Supreme Court as an issue in their election campaigns. I focus in particular on 2016, but I try to make sense of this extraordinary election by placing it in the context of presidential elections over the past century.
In the presidential election of 2016, circumstances seemed perfectly aligned to force the Supreme Court to the front of public debate, but neither Donald Trump nor Hillary Clinton treated the Court as a central issue of their campaigns. Trump rarely went beyond a brief mention of the Court in his campaign speeches; Clinton basically …
The Supreme Court And Celebrity Culture, Richard A. Posner
The Supreme Court And Celebrity Culture, Richard A. Posner
Chicago-Kent Law Review
No abstract provided.
Beyond The Opinion: Supreme Court Justices And Extrajudicial Speech, Christopher W. Schmidt
Beyond The Opinion: Supreme Court Justices And Extrajudicial Speech, Christopher W. Schmidt
Chicago-Kent Law Review
This Article examines how and why Supreme Court justices venture beyond their written opinions to speak more directly to the American people. Drawing on the history of the post-New Deal Court, I first provide a general framework for categorizing the kinds of contributions sitting justices have sought to make to the public discourse when employing various modes of extrajudicial speech—lectures, interviews, books, articles, and the like. My goal here is twofold: to provide a historically grounded taxonomy of the primary motivations behind extrajudicial speech; and to refute commonplace claims of a lost historical tradition of justices refraining from off-the-bench commentary …
Classical Republicanism And The American Revolution, Gordon S. Wood
Classical Republicanism And The American Revolution, Gordon S. Wood
Chicago-Kent Law Review
In his Classical Republicanism and the American Revolution, Professor Wood outlines the evolution of republicanism from antiquity to the eighteenth century and notes the ensuing evolution of American politics away from even this late republicanism.