Keith E. Whittington's Books

Political Foundations of Judicial Supremacy

The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History

By: Keith E. Whittington

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Political Foundations of Judicial Supremacy

The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History

By: Keith E. Whittington

Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.

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320

Publisher

Princeton University Press

Published Date

ISBN 10

1400827752

ISBN 13

9781400827756

Constitutional Construction

Divided Powers and Constitutional Meaning

By: Keith E. Whittington,William Nelson Cromwell Professor of Politics and the Director of Graduate Studies in the Department of Politics Keith E Whittington

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Constitutional Construction

Divided Powers and Constitutional Meaning

By: Keith E. Whittington,William Nelson Cromwell Professor of Politics and the Director of Graduate Studies in the Department of Politics Keith E Whittington

This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

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315

Publisher

Harvard University Press

Published Date

ISBN 10

0674045157

ISBN 13

9780674045156

Constitutional Construction

Divided Powers and Constitutional Meaning

By: Keith E. Whittington,William Nelson Cromwell Professor of Politics and the Director of Graduate Studies in the Department of Politics Keith E Whittington

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Constitutional Construction

Divided Powers and Constitutional Meaning

By: Keith E. Whittington,William Nelson Cromwell Professor of Politics and the Director of Graduate Studies in the Department of Politics Keith E Whittington

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315

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Harvard University Press

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0674045157

ISBN 13

9780674045156

Repugnant Laws

Judicial Review of Acts of Congress from the Founding to the Present

By: Keith E. Whittington

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Repugnant Laws

Judicial Review of Acts of Congress from the Founding to the Present

By: Keith E. Whittington

When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.

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432

Publisher

University Press of Kansas

Published Date

ISBN 10

0700630368

ISBN 13

9780700630363

Political Foundations of Judicial Supremacy

The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History

By: Keith E. Whittington

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Political Foundations of Judicial Supremacy

The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History

By: Keith E. Whittington

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320

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Princeton University Press

Published Date

ISBN 10

1400827752

ISBN 13

9781400827756

Speak Freely

Why Universities Must Defend Free Speech

By: Keith E. Whittington

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Speak Freely

Why Universities Must Defend Free Speech

By: Keith E. Whittington

Why colleges and universities live or die by free speech Free speech is under attack at colleges and universities today, as critics on and off campus challenge the value of freewheeling debate. In Speak Freely, Keith Whittington argues that universities must protect and encourage vigorous free speech because it goes to the heart of their mission to foster freedom of thought, ideological diversity, and tolerance. Examining hot-button issues such as trigger warnings, safe spaces, hate speech, disruptive protests, speaker disinvitations, and the use of social media by faculty, Speak Freely describes the dangers of empowering campus censors to limit speech and enforce orthodoxy. It explains why universities must make space for voices from both the Left and Right. And it points out how better understanding why the university lives or dies by free speech can help guide students, faculty, administrators, and alumni when faced with unpopular, hateful, or dangerous speech. Timely and vitally important, Speak Freely shows why universities can succeed only by fostering more free speech, more free thought—and a greater tolerance for both.

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230

Publisher

Princeton University Press

Published Date

ISBN 10

0691193592

ISBN 13

9780691193595

The Impeachment Power

The Law, Politics, and Purpose of an Extraordinary Constitutional Tool

By: Keith E. Whittington

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The Impeachment Power

The Law, Politics, and Purpose of an Extraordinary Constitutional Tool

By: Keith E. Whittington

An essential primer on impeachment for today’s divided public square We are witnessing an unprecedented moment in American politics in which impeachments are increasingly common. In today’s partisan environment, it is more vital than ever that government officials, scholars, and ordinary citizens understand what an impeachment can reasonably be expected to accomplish. In this incisive and accessible book, Keith Whittington provides needed clarity on the constitutional power of impeachment, explaining why it exists and how it should be used to preserve American democracy. Drawing insights from American and British history, congressional practice, and the language of the Constitution itself, Whittington shows how impeachment is a tool for checking abuses of elective office and defending constitutional norms. While we have come to associate impeachment with the presidency, it can be used to remedy gross misconduct by an array of officers of the federal government. Whittington cautions against abusing this immense and consequential power to settle political scores, demonstrating how it undermines the independence of the branches and makes Congress the seat of political power. Required reading for the informed citizen, The Impeachment Power argues that impeachment is ultimately a political instrument and gives us the perspective we need to recognize when an impeachment might be useful and when we are better served by looking for alternative ways to solve our political problems.

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256

Publisher

Princeton University Press

Published Date

ISBN 10

0691265402

ISBN 13

9780691265407

You Can't Teach That!

The Battle over University Classrooms

By: Keith E. Whittington

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You Can't Teach That!

The Battle over University Classrooms

By: Keith E. Whittington

Who controls what is taught in American universities – professors or politicians? The answer is far from clear but suddenly urgent. Unprecedented efforts are now underway to restrict what ideas can be promoted and discussed in university classrooms. Professors at public universities have long assumed that their freedom to teach is unassailable and that there were firm constitutional protections shielding them from political interventions. Those assumptions might always have been more hopeful than sound. A battle over the control of the university classroom is now brewing, and the courts will be called upon to establish clearer guidelines as to what – if any – limits legislatures might have in dictating what is taught in public universities. In this path-breaking book, Keith Whittington argues that the First Amendment imposes meaningful limits on how government officials can restrict the ideas discussed on university campuses. In clear and accessible prose, he illuminates the legal status of academic freedom in the United States and shows how existing constitutional doctrine can be deployed to protect unbridled free inquiry.

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120

Publisher

John Wiley & Sons

Published Date

ISBN 10

1509564543

ISBN 13

9781509564545

Speak Freely

Why Universities Must Defend Free Speech

By: Keith E. Whittington

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Speak Freely

Why Universities Must Defend Free Speech

By: Keith E. Whittington

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230

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Princeton University Press

Published Date

ISBN 10

0691193592

ISBN 13

9780691193595

Lectures on Topological Fluid Mechanics

Lectures Given at the C.I.M.E. Summer School Held in Cetraro, Italy, July 2 - 10, 2001

By: Mitchell A. Berger,Louis H. Kauffman,Boris Khesin,H. Keith Moffatt,De Witt Sumners

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Lectures on Topological Fluid Mechanics

Lectures Given at the C.I.M.E. Summer School Held in Cetraro, Italy, July 2 - 10, 2001

By: Mitchell A. Berger,Louis H. Kauffman,Boris Khesin,H. Keith Moffatt,De Witt Sumners

This volume contains a wide-ranging collection of valuable research papers written by some of the most eminent experts in the field. Topics range from fundamental aspects of mathematical fluid mechanics to DNA tangles and knotted DNAs in sedimentation.

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240

Publisher

Springer Science & Business Media

Published Date

ISBN 10

3642008364

ISBN 13

9783642008368

Repugnant Laws

Judicial Review of Acts of Congress from the Founding to the Present

By: Keith E. Whittington

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Repugnant Laws

Judicial Review of Acts of Congress from the Founding to the Present

By: Keith E. Whittington

The USA may want to believe that the Supreme Court is above politics; in fact the Court is a political institution and operates in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so.

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410

Published Date

ISBN 10

0700627804

ISBN 13

9780700627806

Judicial Review and Constitutional Politics

By: Keith E. Whittington

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Judicial Review and Constitutional Politics

By: Keith E. Whittington

Origins of judicial review in the United States -- Early judicial review -- Slavery and war -- The administrative state and a national economy -- A rights revolution -- Judicial oscillation

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ISBN 10

0872292185

ISBN 13

9780872292185

The Impeachment Power

The Law, Politics, and Purpose of an Extraordinary Constitutional Tool

By: Keith E. Whittington

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The Impeachment Power

The Law, Politics, and Purpose of an Extraordinary Constitutional Tool

By: Keith E. Whittington

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Solve jigsaw puzzle

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256

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Princeton University Press

Published Date

ISBN 10

0691265402

ISBN 13

9780691265407

Book's by Keith E. Whittington

Political Foundations of Judicial Supremacy

Political Foundations of Judicial Supremacy

Constitutional Construction

Constitutional Construction

Constitutional Construction

Constitutional Construction

Repugnant Laws

Repugnant Laws

Political Foundations of Judicial Supremacy

Political Foundations of Judicial Supremacy

Speak Freely

Speak Freely

The Impeachment Power

The Impeachment Power

You Can't Teach That!

You Can't Teach That!

Speak Freely

Speak Freely

Lectures on Topological Fluid Mechanics

Lectures on Topological Fluid Mechanics

Repugnant Laws

Repugnant Laws

Judicial Review and Constitutional Politics

Judicial Review and Constitutional Politics

The Impeachment Power

The Impeachment Power

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