Kimberley L. Fletcher – Författare

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 Supreme Court and Contemporary Issues provides students with a broad, overarching framework to help them consider two key questions: Is the power of judicial review consistent with the basic principles of democracy? And relatedly, whether and to what extent does the Supreme Court influence policy? Readers are presented with a collection of carefully selected articles to help them think critically regarding these fundamental questions, as well as modern issues regarding the law and decisions made by the Court.The anthology illustrates the courts as policymakers and the law as policy. Readings examine who creates and controls policy, the impact of court decisions, and the relationship of social movements and individuals mobilizing the law. Particular articles explore the debate on how the Constitution and statutes "should" be interpreted by discussing approaches including originalism, strict construction, and textualism. Additional readings assess the judicial philosophies of judicial activism and judicial restraint. Throughout the anthology, students are encouraged to ask themselves: Which judicial interpretation is best, and why? What is the "appropriate" exercises of judicial power, and why? And what is the impact on democracy? Designed to help students better understand how the law and courts operate, and consequently, how the American political system functions, The Supreme Court and Contemporary Issues is an ideal resource for courses and programs in political science and law.