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2 All Judges Are Political— Except When They Are Not Acceptable Hypocrisies and the Rule of Law Keith J. Bybee We live in an age where one person’s judicial “activist” legislating from the bench is another’s impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: “I plead with you, that, whatever you do, don’t try to apply the rules of the political world to this institution; they do not apply.” The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial questions. Yet Americans are divided in their beliefs about whether our courts operate on unbiased legal principle or political interest. Comparing law to the practice of common courtesy, Keith Bybee explains how our courts not only survive under these suspicions of hypocrisy, but actually depend on them. “Judicial authority is not in grave danger, at least in the terms that some alarmists imagine. In conversation with mainstream approaches to judicial practice, this remarkably original work contends that law's deceits sustain order and moderate conflict, all the while sustaining hierarchy. A major accomplishment.” —Michael W. McCann, University of Washington The Cultural Lives of Law 192 pp., 2010 9780804753128 Paper $21.95 $17.56 sale 9780804753111 Cloth $60.00 $48.00 sale Table of Contents American Politics and Policy . . . . . . . . . . . . . . . . . . . . . . .2-5 International Relations ..................6-9 Security Studies . . . . . .10 -12 Comparative Politics and Political Economy ...............13-15 Exam Copy Policy . . . . . . . . . . . .9 Ordering . . . . . . . . . . . . . . . . . . . . . . .9 20% discount on all titles Use promo code: S10PS www.sup.org American Politics and Policy
Judging Bush Edited by Robert Maranto, Tom Lansford, and Jeremy Johnson “Covering every major dimension of Bush’s performance in the White House, Judging Bush will be an indispensable source on this most consequential presidency for years to come.” —Paul J. Quirk, University of British Columbia Studies in the Modern Presidency 360 pp., 3 tables, 1 figure, 2009 9780804760898 Paper $24.95 $19.96 sale 9780804760881 Cloth $75.00 $60.00 sale The Co-Presidency of Bush and Cheney Shirley Anne Warshaw “Warshaw lays out with commendable academic diligence the division of power in the Bush White House and how a new, untested president, surrounded by political aides, willingly ceded all the heavy lifting to his vice president.” —Eleanor Clift, Contributing Editor, Newsweek 320 pp., 2009 9780804758185 Cloth $29.95 $23.96 sale AVAILABLE IN NOVEMBER 2010 Presidential Prerogative Imperial Power in an Age of Terrorism Michael A. Genovese In the aftermath of the September 11, 2001 attacks against the United States, the Bush administration acted boldly and often unilaterally to thwart terrorism at home and abroad, claiming that the President had broad constitutional powers in the areas of war and foreign policy. This work examines the evolution of claims of independent executive power by exploring the roots and development of executive prerogative in America. The author traces the concept back to its British use and the theories that animated prerogative in England, as well as whether prerogative was "Americanized" by the founders. He further explores where one might find constitutional or legal support for prerogative, how the concept and practice of prerogative has evolved over time, the extent to which the Bush presidency mirrors or departs from previous examples of presidential prerogative, and, finally, whether "necessity" is a legitimate reason to adopt prerogative. Balanced and well-written, this work is the first to explore deeply the roots and evolution of prerogative and its application in the age of terrorism. “This well-researched and elegantly written book makes a significant contribution to understanding the sources and limits of presidential power in the twentyfirst century.” —Meena Bose, Hofstra University “Genovese provides an excellent critique of all broad claims of presidential prerogative, demolishing the argument that there is some sort of basis for prerogative powers within the constitution itself.” —J. David Fairbanks, University of Houston 216 pp., 1 table, 2010 9780804762977 Paper $21.95 $17.56 sale 9780804762960 Cloth $60.00 $48.00 sale 3 American Politics and Policy
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Political Science - Stanford University Press

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