George Thomas: The (Un)Written Constitution. (Oxford: Oxford University Press, 2022. Pp. 175.)
In: The review of politics, Band 85, Heft 2, S. 267-269
ISSN: 1748-6858
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In: The review of politics, Band 85, Heft 2, S. 267-269
ISSN: 1748-6858
In: Presidential studies quarterly: official publication of the Center for the Study of the Presidency, Band 51, Heft 4, S. 904-928
ISSN: 1741-5705
AbstractThe Office of Legal Counsel (OLC) in the U.S. Department of Justice offers binding legal advice to the executive branch, including the president. Its advice touches most aspects of law, but it is especially influential for its interpretation of constitutional provisions that rarely, if ever, are subject to judicial scrutiny. While its importance is acknowledged by journalists, law professors, and legal practitioners, political science has yet to incorporate OLC systematically into studies of the presidency outside the ambit of war and emergency powers—areas where OLC achieved notoriety during the George W. Bush administration. We argue that there are unique and important reasons for political scientists to study OLC beyond its War on Terror legacy. In this essay, we construct a theory‐driven research agenda for incorporating OLC into studies of the rhetorical and administrative presidencies, Neustadtian bargaining and the unilateral presidency, and transformative bureaucracy.
In: The Forum: a journal of applied research in contemporary politics, Band 19, Heft 1, S. 117-142
ISSN: 1540-8884
AbstractThis article reviews the causes, contours and potential consequences of President Donald J. Trump's 234 appointments to the federal judiciary. The causes will be familiar to political scientists who are fond of reminding people that "elections have consequences" and that the "Supreme Court [and by extension entire federal judiciary] follows the election returns." The contours of the Trump Judiciary are congruent with Trump's campaign promise to appoint judges "in the mold of Justice Scalia," the conservative legal icon who died suddenly in February 2016. We show how Trump and Senate majority leader Mitch McConnell made good on this promise with the help of the Federalist Society for Law and Public Policy Studies, appointing ideologically conservative, young, and mostly male and white judges to lifetime appointments on the federal bench. In laying out the potential consequences of Trump's remaking of the federal judiciary, we outline three areas where these judges are likely to make an impact on law and politics in the coming decades: rolling back liberal and progressive victories in the culture wars, likely in more subtle ways that align with Alison Gash's concept of "below-the-radar" legal change; extending the federal deregulation campaign that began in earnest with the Reagan Administration; and issuing rulings in the areas of voting rights, campaign finance, and redistricting that tip the scales of democracy in favor of Republican electoral outcomes.
In: Studies in postwar American political development
In 'Separate But Faithful', Amanda Hollis-Brusky and Joshua C. Wilson provide an in-depth look at the Christian Right's efforts to build a comprehensive legal movement aimed at radically transforming American law and policy to reflect 'Christian Worldview.' Drawing on an impressive amount of original data from a variety of sources, the authors examine the causes, contours and consequences of these efforts.
In: Studies in postwar American political development
In: Oxford scholarship online
In: Political Science
In 'Separate But Faithful', Amanda Hollis-Brusky and Joshua C. Wilson provide an in-depth look at the Christian Right's efforts to build a comprehensive legal movement aimed at radically transforming American law and policy to reflect 'Christian Worldview.' Drawing on an impressive amount of original data from a variety of sources, the authors examine the causes, contours and consequences of these efforts.
In: Polity, Band 55, Heft 2, S. 371-379
ISSN: 1744-1684