Courts and Congress: America's Unwritten Constitution
William J. Quirk
Dec 2011 · American Studies Book 1 · Transaction Publishers
1.0star
1 reviewreport
Ebook
330
Pages
family_home
Eligible
info
reportRatings and reviews aren’t verified Learn More
About this ebook
It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election. In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.
Ratings and reviews
1.0
1 review
About the author
William J. Quirk is professor of law at the School of Law of the University of South Carolina. His earlier work on this subject appeared in Society.
Ralph Nader, an American activist, was born on February 27, 1934. Nader has challenged corporations, government agencies, and institutions to be more accountable to the public. In 1965, his book "Unsafe at Any Speed" changed the face of the automobile industry and made Ralph Nader a household name. As a result of his efforts, cars have more safety features. His lobbying and writing on the food industry insured that the food we buy is required to pass strict guidelines before reaching the consumer. One of his greatest achievements was the 1974 amendment to the Freedom of Information Act that gave increased public access to government documents. This brought freedom of press to a new level, resulting in increased access for journalists. Nader is a five-time candidate for President of the United States. He has co-founded numerous public interest groups including Public Citizen, Critical Mass, Commercial Alert, and the Center for Study of Responsive Law. He continues to be a relentless force for grassroots activism and democratic change in the United States.
Rate this ebook
Tell us what you think.
Reading information
Smartphones and tablets
Install the Google Play Books app for Android and iPad/iPhone. It syncs automatically with your account and allows you to read online or offline wherever you are.
Laptops and computers
You can listen to audiobooks purchased on Google Play using your computer's web browser.
eReaders and other devices
To read on e-ink devices like Kobo eReaders, you'll need to download a file and transfer it to your device. Follow the detailed Help Center instructions to transfer the files to supported eReaders.
