IF 1 4区社会学

Polity Pub Date : 2023-03-02 DOI: 10.1086/724188

Alyson Cole

引用次数: 0

Buttered Bagels 黄油Bagels

IF 1 4区社会学

Polity Pub Date : 2023-03-01 DOI: 10.1086/724222

Alyson Cole, Robyn Marasco, C. Tien

引用次数: 0

The Supreme Court and the Limits of Descriptive Representation 最高法院与描述性陈述的限制

IF 1 4区社会学

Polity Pub Date : 2023-02-28 DOI: 10.1086/724167

Kirsten Widner

引用次数: 2

Dobbs and the Jurisprudence of Exclusion 多布斯与排他法理学

IF 1 4区社会学

Polity Pub Date : 2023-02-28 DOI: 10.1086/724185

M. Ziegler

{"title":"Dobbs and the Jurisprudence of Exclusion","authors":"M. Ziegler","doi":"10.1086/724185","DOIUrl":"https://doi.org/10.1086/724185","url":null,"abstract":"The critics of Roe v. Wade, the landmark decision recognizing a right to choose abortion, long faulted the Court for an act of failed diplomacy. Scholars across the ideological spectrum argued that Roe had unnecessarily alienated antiabortion Americans by doing too much too soon, imposing a sweeping resolution, and disrupting a state-by-state process of experimentation. The conservative Supreme Court recently positioned itself as a more rational, neutral arbiter. “This Court,” the Court opined inDobbs v. JacksonWomen’s Health Organization, “cannot bring about the permanent resolution of a rancorous national controversy simply by dictating a settlement and telling the people to move on.” If Roe and Casey took sides in the conflict over abortion, Dobbs is far worse. The Dobbs Court takes sides in a longstanding historical debate about how US law and culture viewed early abortion as acceptable, cherry-picking those accounts that support its vision of the past, even if they are not widely accepted. The Court claims to be bound by precedent when rejecting the idea of an abortion right rooted in principles of constitutional equality, all while breezily dismantling a precedent in Roe that is nearly five decades old. The Court proclaims its ability to rise above the partisan fray on abortion at the same time that it echoes a rich range of arguments","PeriodicalId":46912,"journal":{"name":"Polity","volume":"55 1","pages":"419 - 426"},"PeriodicalIF":1.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46643826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

West Virginia v. EPA: Whither the New Deal Order? 西弗吉尼亚州诉环保局：新政令在哪里？

IF 1 4区社会学

Polity Pub Date : 2023-02-28 DOI: 10.1086/724161

J. Novkov

{"title":"West Virginia v. EPA: Whither the New Deal Order?","authors":"J. Novkov","doi":"10.1086/724161","DOIUrl":"https://doi.org/10.1086/724161","url":null,"abstract":"Since the late 1930s, national administrative agencies have built policy by interpreting broad and sometimes vague congressional statutes to develop rules that fulfill Congress’s vision. This model facilitated administrative development, resulting in the organization and operation of the modern American state. Recently, however, the Court has constructed a path to transform this understanding by reviving a long-abandoned principle, that of nondelegation. Reanimating nondelegation would require Congress to legislate in narrower and more specific ways, limit the reach and autonomy of administrative agencies, and leave far more governing authority in the hands of states and localities. Simultaneously, the Court is exercising more scrutiny over Congress’s exercise of its authority, especially when its actions curtail state sovereignty.While this most recent case,West Virginia v. Environmental Protection Agency (EPA), does not achieve these broad changes, the interplay between Chief Justice Roberts and other conservatives invites further attempts to constitutionally transform and shrink the national administrative state. The nondelegation doctrine controversially holds that “legislative delegation of rule-making power to the executive branch is unconstitutional, and that the federal courts should strike down legislation that delegates.” Most scholars locate the doctrine’s high-water mark at the national level during the NewDeal in the 1930s, with the Supreme Court using it to invalidate the National Industrial Recovery Act.","PeriodicalId":46912,"journal":{"name":"Polity","volume":"55 1","pages":"410 - 418"},"PeriodicalIF":1.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49075831","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Looking Forward: Interest Group Legal Strategy and Federalist Society Affiliation in the United States Circuit Courts of Appeal 前瞻：美国巡回上诉法院的利益集团法律战略与联邦制社会关系

IF 1 4区社会学

Polity Pub Date : 2023-02-28 DOI: 10.1086/724189

Christin Bird, Zachary A. McGee

引用次数: 1

Constructing the Supreme Court: How Race, Ethnicity, and Gender Have Affected Presidential Selection and Senate Confirmation Hearings 构建最高法院:种族、民族和性别如何影响总统选举和参议院确认听证会

IF 1 4区社会学

Polity Pub Date : 2023-02-28 DOI: 10.1086/724163

C. L. Boyd, P. Collins, Lori A. Ringhand, Karson A. Pennington

引用次数: 2

Does the Second Amendment Make Gun Politics Obsolete? 第二修正案使枪支政治过时了吗？

IF 1 4区社会学

Polity Pub Date : 2023-02-28 DOI: 10.1086/724162

Joseph Blocher, Andrew Willinger

{"title":"Does the Second Amendment Make Gun Politics Obsolete?","authors":"Joseph Blocher, Andrew Willinger","doi":"10.1086/724162","DOIUrl":"https://doi.org/10.1086/724162","url":null,"abstract":"InAmerican law, the boundaries of regulation are set by—among other things— politics and the Constitution. Either one can serve as a constraint. Regulations that are politically unpopular or otherwise unfeasible are non-starters regardless of whether they satisfy the Constitution. Regulations that violate the Constitution, on the other hand, may be tremendously popular but will often be struck down by courts. The line between these political and constitutional constraints is never entirely clear, as political rhetoric and constitutional doctrine borrow from one another in innumerable ways. Elected officials take oaths to uphold the Constitution; judges often act in ways that appear political. But in a broad sense, judges are more commonly associated with the enforcement of constitutional law and regularly deny that they are doing politics—a matter for elected officials. Recognizing some slippage between the categories, we can draw a line between judge-enforced constitutional law and democratic politics. Formost of American history, the balance of gun rights and regulationwas set by politics—not, as one might suspect from its prominence in the current gun debate, the Second Amendment. Decisions about gun law were made by elected officials at the federal, state, and local level, responding to different forms of political pressure.","PeriodicalId":46912,"journal":{"name":"Polity","volume":"55 1","pages":"363 - 370"},"PeriodicalIF":1.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45325055","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

How the Christian Right Slayed a Monster and Reframed the Religion Clauses in Bremerton 布雷默顿基督教右翼如何屠妖与宗教条款重构

IF 1 4区社会学

Polity Pub Date : 2023-02-28 DOI: 10.1086/724187

Joshua C. Wilson, Amanda Hollis‐Brusky

引用次数: 1

The Politics of Law: Capricious Originalism and the Future of the Supreme Court 法律政治:反复无常的原旨主义与最高法院的未来

IF 1 4区社会学

Polity Pub Date : 2023-02-28 DOI: 10.1086/724164

Susan Liebell

{"title":"The Politics of Law: Capricious Originalism and the Future of the Supreme Court","authors":"Susan Liebell","doi":"10.1086/724164","DOIUrl":"https://doi.org/10.1086/724164","url":null,"abstract":"In June 2022, the United States Supreme Court overturned Roe v.Wade, 1 the precedent that had guaranteed access to abortion as a fundamental liberty ensured by the Fourteenth Amendment for almost half a century. Most Americans don’t know much about the Supreme Court or the due process clause of the Fourteenth Amendment, but the abortion decision in Dobbs v. Jackson Women’s Health Organization triggered political protests, extensive press coverage, and a wave of voter registration. Candidates for political offices revised their campaign strategies. Millions of dollars were poured into a state-wide referendum on abortion in Kansas. In his majority decision in Dobbs, Justice Alito insisted that the Constitution speaks clearly; abortion is not a fundamental right to be defended by the Court but a policy issue to be determined by the political branches of government. Yet voters are skeptical about whether the Constitution provides such clarity. Polls have consistently shown that people (especially those who identify as Democrats) believe the justices of the Supreme Court are increasingly political, pursuing conservative goals rather than impersonally ruling on constitutionality. Political scientists have","PeriodicalId":46912,"journal":{"name":"Polity","volume":"55 1","pages":"356 - 362"},"PeriodicalIF":1.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45763698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

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