How Congress Functions Under its Reorganization Act

1949 ◽  
Vol 43 (6) ◽  
pp. 1179-1189
Author(s):  
Elbert D. Thomas
Keyword(s):  
The United States ◽  
American People ◽  
The Political ◽  
Human Beings ◽  
Political Field ◽  
Men And Women ◽  
The Supreme Court ◽  
Old Men ◽  
The Voice ◽  
General Condemnation

There is no subject on which all human beings agree; but in the political field in the United States an almost universal tendency exists to blame Congress for everything undesirable in the life of the nation. That is not so about the President; for always there is a large group who think of the current President as “that man” and another to whom he is a hero. As for the Supreme Court, whether it be made up of the “Nine Old Men” or the “Nine Young Men,” a certain veneration is attached to its activities which makes all-inclusive attack seem a little sacrilegious.When Congress is discussed, party affiliations and liberal or conservative views are surmounted in the general condemnation. Oddly enough, this national whipping-boy happens to be the nearest thing to the voice of the American people in our country. Under the Constitution and by the almost untrammeled votes of our citizens, the men and women who sit under the dome of the Capitol have been assigned the function of interpreting the desires of those citizens and of making the policies which supposedly carry them to fruition.My words must not be taken to indicate disagreement with or resentment of the popular attitude toward Congress. First, any Congress that fails to carry out the desires of the American people deserves all of the criticism it may receive.

Europe and the Nato Shield

1958 ◽  
Vol 12 (4) ◽  
pp. 425-439 ◽  
Author(s):  
Arnold Wolfers
Keyword(s):  
North Atlantic ◽  
The United States ◽  
The Political ◽  
Political Field ◽  
Military Alliance ◽  
The North ◽  
Reasonable Degree ◽  
Economic Collaboration ◽  
Political Economic ◽  
The Military

Pressures to extend the activities of the North Atlantic Treaty Organization (NATO) into fields other than the military, or actually to shift the emphasis to political, economic, and cultural objectives, have been so strong in recent years that one wonders whether there has not been a growing tendency, particularly in Europe, to lose sight of the purpose for which NATO was established and which makes it vital to the United States. Essentially, NATO is a multilateral military alliance for the protection of western and southern Europe against Soviet conquest, a means of denying these areas and their resources to the Soviets. If the members of the alliance, on one side or the other of the Atlantic, were ever to reach the conclusion that the threat of military attack from the east had vanished or that it could not be countered effectively by common military effort, NATO would have lost its original raison d'être, though it might be continued for the sake of what today are secondary non-military functions, such as political conciliation and economic collaboration. It should be added that the primacy of the military purpose of NATO, as it exists today, does not preclude the desirability or even the necessity of extending its scope beyond purely military matters. As Ruth C. Lawson has pointed out, there is little hope for reliable military collaboration among countries ohat do not succeed in attaining a reasonable degree of harmony between their political aims and policies. Cyprus, Suez, and Algeria are symptomatic of the problems NATO faces in the political field.

scholarly journals OD DEMOKRACJI PRZEDSTAWICIELSKIEJ DO DEMOKRACJI PRAWNICZEJ: KONSTYTUCJA STANÓW ZJEDNOCZONYCH A EWOLUCJA USTROJOWA PAŃSTWA

2016 ◽  
Vol 11 (3) ◽  
pp. 13
Author(s):  
Zbigniew Lewicki
Keyword(s):  
Judicial Review ◽  
Political System ◽  
The United States ◽  
The Political ◽  
Colonial Rule ◽  
Founding Fathers ◽  
The People ◽  
The Supreme Court ◽  
Elected Representatives ◽  
The U.S

FROM REPRESENTATIVE DEMOCRACY TO JUDICIAL DEMOCRACY: THE CONSTITUTION OF THE UNITED STATES AND THE EVOLUTION OF THE POLITICAL SYSTEM Summary The article discusses the process in which the judiciary branch has claimed and maintains its supremacy over the other two branches by practicing the extra-constitutional process of judicial review. Prior precedences under the British or colonial rule can hardly be claimed as they were established in a markedly different system in which the tripartite division of power was not as pronounced as it is under the U.S. Constitution. The real culprit is the U.S. Congress which refrains from making clear rules in controversial matters, such as abortion. The Supreme Court swiftly moved into the void to the point where the beliefs of nine nominated Justices outweigh the views of over five hundred elected representatives of the people, to wit: the flag burning controversy. While the learned opinions of nine learned and respected specialists should not be dismissed lightly, it is a far cry from the Founding Fathers’ intention if one person’s preferences can sway the nation’s political system, as is the case when the Court is divided between four liberals and four conservatives. However, lawyers are unlikely to give up the power they have usurped over time.

scholarly journals THE NIGERIAN SUPREME COURT AND THE POLITICAL QUESTION DOCTRINE

2020 ◽  
Vol 31 (1) ◽  
pp. 123-145
Author(s):  
Ekokoi Solomon
Keyword(s):  
South Africa ◽  
Supreme Court ◽  
The United States ◽  
The Political ◽  
Legal Institution ◽  
Constitutional Democracy ◽  
Fourth Republic ◽  
The Supreme Court ◽  
First Republic ◽  
Political Question

This paper examines the attitude of the Supreme Court of Nigeria towards the political question doctrine. It interrogates the decisions of the Court in selected landmark cases involving political questions since the First Republic to the Fourth Republic which commenced in 1999. The paper identifies three core approaches espoused by the Court in cases involving political questions – the deference approach, the necessity approach and the avoidance approach. This paper argues that in a constitutional democracy, it is inevitable – considering that the Court is both a political and a legal institution – that the Court, like in other jurisdictions such as Germany, India, South Africa and the United States, will be called upon to adjudicate cases involving political questions. As such, the paper recommends that the Court openly asserts the ‘politicality’ of its decisions, whether they are predicated on the need to defer to the political branches, exigency/necessity or to avoid the political questions brought before it.

scholarly journals O ESTADO DE COISAS INCONSTITUCIONAL EM MATERIA AMBIENTAL: SEUS FUNDAMENTOS NA ADO 60/DF

2021 ◽  
Vol 5 (1) ◽  
pp. 20-32
Author(s):  
Airton Roberto Guelfi
Keyword(s):  
Natural Resources ◽  
Federal Government ◽  
The Political ◽  
Constitutional Court ◽  
Political Field ◽  
The Social ◽  
The Supreme Court ◽  
Qualitative Nature ◽  
State Of Affairs ◽  
Real State

This article aimed to highlight the social, political and administrative factors that underpinned the recent unconstitutional state of affairs decision on environmental matters in Brazil, issued by Minister Luís Roberto Barroso at ADO60/DF. The research was bibliographic and documentary and its approach was of a qualitative nature. The results remained evident in the social field throughthe various manifestations of hostilities of the Federal Government against individuals and legal entities engaged in the defense of the environment, in the political field through the decision to extinguish and relocate various bodies linked to the defense of natural resources and in the field administrative through the dismissal of several public agents occupying positions highlighted in the theme on the protection of the environment. In conclusion, it remains evident that Brazil is in a real state of affairs unconstitutional in environmental matters, with massive actions and omissions responsible for the unsustainable exploitation of environmental resources, resulting in the necessary performance of the Supreme Court as a Constitutional Court responsiblefor pointing out the actions and the respective inspection of their achievements.

Differentiated Human Rights of Migrant Spouses Based on Nationalities in Taiwan

2018 ◽  
Vol 19 (2) ◽  
pp. 81-112
Author(s):  
Te-Yuan Chien
Keyword(s):  
The United States ◽  
The Political ◽  
Constitutional Court ◽  
International Treaties ◽  
Political Issues ◽  
Chinese Exclusion ◽  
The Supreme Court ◽  
The Difference ◽  
Exclusion Act ◽  
To Receive

In Taiwan, there were 530,512 migrant spouses in 2017 and, among them, 337,838 (about 63.7 per cent) came from China. However, Chinese spouses have to spend two years more than other foreign spouses to receive residency. Due to the political complexities between China and Taiwan, this differentiated treatment is a controversial issue. Nevertheless, some advocates have urged legislators to propose amendments, whereas others support raising the issue in the Constitutional Court.This article contends that the period it takes for Chinese and other foreign spouses to receive residency should be equal. Furthermore, the article suggests that it is more suitable for the legislative branch to use its plenary power in dealing with the political issues than the judicial branch, similar to how the United States (us) resolved disputes after the enactment of the Chinese-Exclusion Act 130 years ago.This article begins with the political and legal background to the differentiated treatment issue in Taiwan. The second part begins with the bills in Congress to eliminate the difference and outlines the interpretation of the Constitutional Court in Taiwan regarding the Chinese issues. The third part discusses the similar discriminatory treatment of the Chinese in the us after the Chinese-Exclusive Act in 1882 and how the Supreme Court dealt with those disputes. Finally, considering international treaties and the sensitivity of the political issues, this article suggests, similar to the us approach, introduction of the doctrine of plenary congressional power and the political question doctrine to resolve the disputes.

LE MYTHE D’ÉLECTRE DANS L’OEUVRE DE TROIS POÈTES DE L’ANTIQUITÉ

Trictrac ◽  
2016 ◽  
Vol 9 ◽  
Author(s):  
Gabriela Chiciudean
Keyword(s):  
Common Source ◽  
General View ◽  
Human Being ◽  
Human Beings ◽  
Literary Genres ◽  
Men And Women ◽  
Old Men

This paper is the first part of a larger study that depicts the transformation of Electra’s myth in theatre plays, from its origins to modernity, its continuous accommodation to different epochs and mentalities, to historical contexts, aesthetical tendencies, new literary genres and subgenres and, last but not least, the author’s personality. The paper focuses on Electra’s myth in antique poetry and offers a general view on the tragedy, its origin and structure, elements, action and characters, with concrete examples from Aeschylus’ Orestia, Sophocles’ Electra and Euripides’ Electra. Considering the myth as a major instance of the imagination, interesting in its syntax (formal structures) and semantics (symbolism), we underline the constant constants met in the abovementioned tragedies, e.g. revenge and redemption and other invariable elements. The transformations suffered by the myth are very well reflected by the Greek tragedies. Sophocles and Euripides get their inspiration from Aeschylus but they modify the structure of the tragedy and the tragic character of the hero. If Aeschylus insists on the power of gods over human beings, for Sophocles the human being becomes more important. Euripides’ works are considered more innovative both on the level of content and construction. His characters are devoid of greatness, they are common human beings obliged to earn their living, old men and women, frightened prisoners and cowards. Thus, myth as a common source of inspiration, especially the cycle of the Atreidai, namely the episode of Clytemnestra’s killing by Orestes, is to be met in the three poets’ works in different interpretations. Our goal is to follow the mythical invariants met in the three tragedies (the abovementioned revenge and redemption), as well as constant elements such as recognition, choice of characters, the importance of the choir, the messenger, the judgement, etc.

The Supreme Court and Its Critics: Is the Court Moving Left?

1959 ◽  
Vol 21 (3) ◽  
pp. 495-510 ◽  
Author(s):  
Joseph O. Losos
Keyword(s):  
United States ◽  
Supreme Court ◽  
Federal Government ◽  
United States Supreme Court ◽  
The United States ◽  
American People ◽  
United States Supreme ◽  
The Supreme Court ◽  
The Will ◽  
The Right

InTheLight of recent decisions of the United States Supreme Court, it might appear that the judiciary is currently the most radical branch of the Federal Government. In certain respects circumstances today, present a scene similar to that of 1937. The Court, now as then, is denounced as an unelected, undemocratic group which, under the pretense of interpreting the laws and Constitution, makes a law contrary to the will of the majority of the American people. Only today it is the right that denounces the Court and the left that comes to its defense.

Excerpts from Declaration of Gordon E. Baker in Badham v. Eu

1985 ◽  
Vol 18 (03) ◽  
pp. 551-560
Author(s):  
Gordon E. Baker
Keyword(s):  
The United States ◽  
Status Quo ◽  
Federal Courts ◽  
The Political ◽  
Test Case ◽  
Traditional Practice ◽  
Fair Representation ◽  
The Supreme Court ◽  
Political Advantage ◽  
The 1960S

Gerrymandering—the intentional manipulation of legislative boundaries for political advantage—is a venerable practice. Why, then, some might wonder, should we pay greater attention to it at this time? In particular, should judicial inquiry into constitutional issues of fair representation, intense for some two decades, now turn to what may well seem to comprise the heart of the “political thicket”? Throughout this period of reapportionment litigation, federal courts have alluded to the problem, with increasing concern shown by members of the Supreme Court of the United States, about its importance (e.g.,Karcher v. Daggett, 103 S. Ct. 2653: 1983). Is the time ripe for a direct judicial examination of the gerrymander on constitutional grounds? And, if so, does California comprise an appropriate test case?Prerequisite to answering such questions are: (1) an understanding of how and why gerrymandering, in magnitude, extent, and impact, has become an essentially new kind of issue rather than a mere extension of a traditional practice; and (2) a need to develop judicially manageable standards of identifying gerrymanders.Prior to the reapportionment revolution of the 1960s, there existed a variety of constraints that conditioned boundary manipulation. For one thing, a large number of states simply failed to redistrict for several decades, the situation that triggeredBaker v. Can(369 U.S. 186: 1962),Wesberry v. Sanders(376 U.S. 1: 1964),et al.This resulted in great disparities in population among districts, a form of “silent” or “status quo” gerrymander that in practice minimized periodic boundary manipulation. For example, district lines for Congress were typically redrawn only in states—usually a minority—that lost or gained seats.

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