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Confirmation Wars: Preserving Independent Courts in Angry Times (Hoover Studies in Politics, Economics, and Society)

by

Confirmation Wars: Preserving Independent Courts in Angry Times (Hoover Studies in Politics, Economics, and Society) Cover

 

Synopses & Reviews

Publisher Comments:

In Confirmation Wars, Benjamin Wittes rejects the parodies offered by both the Right and Left of the decline of the process by which the United States Senate confirms or rejects the president s nominees to the federal judiciary. He draws on original reporting and new historical research to provide a more accurate understanding of the current climate. He argues that the transformations the process has undergone should not be understood principally in partisan terms but as an institutional response on the part of the legislative branch to the growth of judicial power in the past five decades. While some change may have been inevitable, the increasing aggressiveness of the Senate s conception of its function poses significant challenges for maintaining independent courts over the long term. The problem, Wittes argues, lies both in the extortionate quality of modern confirmations, in which senators make their votes contingent on reassurance by the nominees about substantive areas of concern, and in the possibility that the breakdown of the confirmation process represents a far larger effort by the Senate to rein in judicial power. Wittes offers several strategies for managing the political conflict surrounding nominations, strategies that seek to protect the independence of the courts and the prerogative of the president to choose judges while maximizing the utility to democratic government of a Senate that takes its advice and consent role seriously. Most importantly, Wittes argues for ending the relatively new practice of having nominees testify before the Senate Judiciary Committee. Published in cooperation with the Hoover Institution.

Review:

"Benjamin Wittes, a Washington Post editorial writer, was recently introduced by a Harvard law professor as 'the most important legal analyst you've never heard of.' No byline accompanies Wittes' editorials, but they, along with his frequent essays in The Atlantic Monthly, have already marked him as a highly cogent legal commentator.

Wittes' target in his short but acutely argued 'Confirmation... Washington Post Book Review (read the entire Washington Post review)

Synopsis:

Washington Post editorial writer Benjamin Wittes examines the degradation of the judicial nominations process over the past fifty years up to the present-including the recent confirmation of Justices Roberts and Alito. Drawing on years of reporting on judicial nominations, he explains how the process has changed and how these changes threaten the independence of the courts. Getting beyond the partisan blame game, he argues that the process has changed as an institutional response by Congress to modern judicial power and urges basic reforms to better insulate the judiciary from the nastiness of contemporary politics.

Product Details

ISBN:
9780742551442
Author:
Wittes, Benjamin
Publisher:
Rowman & Littlefield Publishers
Subject:
Civil Procedure
Subject:
Judges
Subject:
Judicial power
Subject:
Public Policy - General
Subject:
General Current Events
Subject:
Government - Judicial Branch
Subject:
Government - Legislative Branch
Subject:
Government - U.S. Government
Subject:
Judges -- Selection and appointment.
Subject:
Judicial power -- United States.
Subject:
Politics - General
Copyright:
Series:
Hoover Studies in Politics, Economics, and Society
Publication Date:
20061031
Binding:
Hardcover
Grade Level:
General/trade
Language:
English
Pages:
176
Dimensions:
9.20x6.30x.73 in. .88 lbs.

Related Subjects

History and Social Science » Law » General
History and Social Science » Politics » General
History and Social Science » Politics » United States » Politics
History and Social Science » World History » General

Confirmation Wars: Preserving Independent Courts in Angry Times (Hoover Studies in Politics, Economics, and Society) Used Hardcover
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Product details 176 pages Rowman & Littlefield Publishers - English 9780742551442 Reviews:
"Synopsis" by , Washington Post editorial writer Benjamin Wittes examines the degradation of the judicial nominations process over the past fifty years up to the present-including the recent confirmation of Justices Roberts and Alito. Drawing on years of reporting on judicial nominations, he explains how the process has changed and how these changes threaten the independence of the courts. Getting beyond the partisan blame game, he argues that the process has changed as an institutional response by Congress to modern judicial power and urges basic reforms to better insulate the judiciary from the nastiness of contemporary politics.
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