The Collision of Political and Legal Time (Paperback)

Kimberley L. Fletcher

ISBN 10: 1439914923 / ISBN 13: 9781439914922

Published by Temple University Press,U.S., Philadelphia PA, 2018

About this Item

Paperback. How does the U.S. Supreme Court shape constitutional and political development? In The Collision of Political and Legal Time, Kimberley Fletcher answers this question by analyzing the key role the Court has played in interpreting presidential decision-making in the area of foreign affairs since 1936. She reconsiders the Curtiss-WrightCourt, which instituted a new constitutional order that established plenary powers independent of congressional delegation. Fletcher also reexamines Japanese internment and detainee cases, demonstrating the entrenchment of the new constitutional order and how presidential ascendency becomes institutionalized. Other cases, such as Youngstown, illustrate how the Court, during a time of war, will check Executive power and authority. The Collision of Political and Legal Time examines these cases and controversies in foreign policymaking through the twentieth and into the twenty-first centuries to show that the Court is not passive or constrained; it does not merely follow politics or the majority coalition. Through her nuanced analysis, Fletcher makes a larger argument about the role of the U.S. Supreme Court as an agent of change, which ultimately transforms power, shapes politics, and redirects history. "The Collision of Political and Legal Time examines how the U.S. Supreme Court shapes constitutional and political development, analyzing the leading role played by the Court in interpreting presidential decision-making in the area of foreign affairs since 1936"-- Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Seller Inventory # 9781439914922

Bibliographic Details

• Title: The Collision of Political and Legal Time (Paperback)
• Publisher: Temple University Press,U.S., Philadelphia PA
• Publication Date: 2018
• Language: English
• ISBN 10: 1439914923
• ISBN 13: 9781439914922
• Binding: Paperback
• Condition: new

About this title

Synopsis

How does the U.S. Supreme Court shape constitutional and political development? In The Collision of Political and Legal Time, Kimberley Fletcher answers this question by analyzing the key role the Court has played in interpreting presidential decision-making in the area of foreign affairs since 1936. She reconsiders the Curtiss-WrightCourt, which instituted a new constitutional order that established plenary powers independent of congressional delegation. Fletcher also reexamines Japanese internment and detainee cases, demonstrating the entrenchment of the new constitutional order and how presidential ascendency becomes institutionalized. Other cases, such as Youngstown, illustrate how the Court, during a time of war, will check Executive power and authority. 

The Collision of Political and Legal Time examines these cases and controversies in foreign policymaking through the twentieth and into the twenty-first centuries to show that the Court is not passive or constrained; it does not merely follow politics or the majority coalition. Through her nuanced analysis, Fletcher makes a larger argument about the role of the U.S. Supreme Court as an agent of change, which ultimately transforms power, shapes politics, and redirects history.

About the Author

Kimberley L. Fletcher is Assistant Professor of Political Science at San Diego State University.