Law, Society & Politics: A Critical Analysis of U.S. Supreme Court Power in the Political & Legal Process

This book explores critical questions pertaining to the character and content of the "American People" as posited in the US Supreme Court's interpretation of the fundamental law. What exactly is an American? Who or what comprise the People? What are the constitutive sociocultural, political, and economic ordering principles of the American People and society? How does the Court impact the nationalist character and content of law and policy? From a sociocultural, economic, political, and ideological perspective, the Court's singular proclamations as to what the US Constitution means, what is its purpose, and how it is to be perceived and implemented have profound consequences for representational politics and notions of what exactly constitutes the American polity. This book employs a critical, conceptual, and structural approach, critically examining the notion of the People in constitutional discourse, and its impact on government, politics, law, and society in the present. Marvin L. Astrada is a Lecturer in the Politics & History Department at New York University in Washington D.C., USA "This book explores critical questions pertaining to the character and content of the "American People" as posited in the US Supreme Court's interpretation of the fundamental law. What exactly is an American? Who or what comprise the People? What are the constitutive sociocultural, political, and economic ordering principles of the American People and society? How does the Court impact the nationalist character and content of law and policy? From a sociocultural, economic, political, and ideological perspective, the Court's singular proclamations as to what the US Constitution means, what is its purpose, and how it is to be perceived and implemented have profound consequences for representational politics and notions of what exactly constitutes the American polity. This book employs a critical, conceptual, and structural approach, critically examining the notion of the People in constitutional discourse, and its impact on government, politics, law, and society in the present". -- back cover The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Contents 1 Step 1: Backgrounder for an Exercise in Disaggregation MEF: The Utility of Employing a Binary Framework LAPP: The Utility of Employing a Process Perspective Unearthing the Effects of Elitism in the Administration of Justice: The Utility of a Mass-Elite Framework and Law-as-Process Perspective 2 Step 2: Illuminating Court Power Through Disaggregation—Elitism, Power, Process, Discourse and Representation 3 Step 3: The People as Political, Discursive and Legal Construct 4 Step 4: The People, Process, Law and Court Power 5 Step 5: Concluding Thoughts: Truth, the People, Court Power and Representative Politics Index