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The Origins of Judicial Supremacy:State Courts, Party Politics and the Antebellum Surge in American Judicial Power |
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Abstract:
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The origins of American judicial supremacy can be found in a sharp increase of state court activism during the antebellum era. The enabling condition for this leap forward in court authority was the development of intense sustained sustained party competition during the 1840s and 1850s. Parties empowered the courts as a hedge against electoral defeat and also created an environment where the courts could seize power on their own initiative. This period of judicial strength marked a departure from earlier eras when the courts frequently found themselves subject to attack. The growth of activism in the state courts also provided the crucial training ground for the later expansion of federal court power during the nineteenth and twentieth centuries. |
Most Common Document Word Stems:
court (174), state (148), judici (100), constitut (78), power (75), parti (65), 0 (60), law (59), decis (58), new (58), polit (54), 1 (48), suprem (44), american (38), legislatur (36), review (34), one (34), feder (33), see (32), competit (31), antebellum (31), |
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Association:
Name: American Political Science Association
URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Drew, Richard. "The Origins of Judicial Supremacy:State Courts, Party Politics and the Antebellum Surge in American Judicial Power" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA, Aug 27, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p63069_index.html> |
APA Citation:
| Drew, R. , 2003-08-27 "The Origins of Judicial Supremacy:State Courts, Party Politics and the Antebellum Surge in American Judicial Power" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p63069_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The origins of American judicial supremacy can be found in a sharp increase of state court activism during the antebellum era. The enabling condition for this leap forward in court authority was the development of intense sustained sustained party competition during the 1840s and 1850s. Parties empowered the courts as a hedge against electoral defeat and also created an environment where the courts could seize power on their own initiative. This period of judicial strength marked a departure from earlier eras when the courts frequently found themselves subject to attack. The growth of activism in the state courts also provided the crucial training ground for the later expansion of federal court power during the nineteenth and twentieth centuries. |
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| Document Type: |
.PDF |
| Page count: |
30 |
| Word count: |
8766 |
| Text sample: |
| The Origins of Judicial Supremacy: State Courts Party Politics and the Antebellum Surge in American Judicial Power Richard Drew Department of Politics University of Virginia rhd9w@virginia.edu Prepared for delivery at the 2003 Annual Meeting of the American Political Science Association August 28 - August 31 2003. Copyright by the American Political Science Association. 2 Introduction What explains the power of American courts? How did they gain the ability to overrule legislatures routinely effectively enforcing broad restraints on the very |
| Federal (16%) Takings/ 13 2 6 5 1 3 0 1 31 Ex Post Facto (25%) Legislative 4 7 1 0 0 0 0 0 12 Procedure (10%) Delegation/ 2 5 1 2 0 0 0 0 10 Local & Spec. (8%) Other 8 7 4 1 4 0 0 3 27 (22%) Total 31 30 21 18 9 4 0 9 122 Percentage of Decisions Striking Down Laws Using New State Constitutions 1840-1859 NY IN OH PA MA |
Similar Titles:
The Surge and Consolidation of American Judicial Power: Judicial Review in the States, 1840-1879
American State Constitutions and the Agenda of State Supreme Courts
The Surge and Consolidation of American Judicial Power: Judicial Review in the States, 1840-1880
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