The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-made LawThis major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books. |
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Page v
... Marshall's Rules of Interpretation Marshall's Interpretation of the Constitution Criticism and Defense Later Traditional Interpretation 41 51 Conclusion 3 Judicial Review : The Classic Defenses The Federalist Limited But Authoritative ...
... Marshall's Rules of Interpretation Marshall's Interpretation of the Constitution Criticism and Defense Later Traditional Interpretation 41 51 Conclusion 3 Judicial Review : The Classic Defenses The Federalist Limited But Authoritative ...
Page xiv
... Marshall's , both sparked my interest in the topic and provided me with the principles that have informed my whole approach . I am deeply grateful for his guidance and support . I also owe a debt of gratitude to my other teachers at ...
... Marshall's , both sparked my interest in the topic and provided me with the principles that have informed my whole approach . I am deeply grateful for his guidance and support . I also owe a debt of gratitude to my other teachers at ...
Page 4
... Marshall and Roger Taney , whose tenure spanned the greatest part of this period , 1801 to 1863 , are well known as men who strongly asserted and defended conceptions of judicial power that were often controversial in their breadth ...
... Marshall and Roger Taney , whose tenure spanned the greatest part of this period , 1801 to 1863 , are well known as men who strongly asserted and defended conceptions of judicial power that were often controversial in their breadth ...
Page 38
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Page 39
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Contents
IV | 17 |
V | 18 |
VI | 20 |
VII | 24 |
VIII | 37 |
IX | 39 |
XI | 41 |
XII | 51 |
LIX | 219 |
LX | 222 |
LXI | 223 |
LXIII | 230 |
LXIV | 239 |
LXV | 241 |
LXVI | 242 |
LXVII | 248 |
XIII | 56 |
XIV | 63 |
XV | 71 |
XVI | 73 |
XVII | 74 |
XVIII | 76 |
XIX | 80 |
XX | 84 |
XXI | 90 |
XXIII | 97 |
XXIV | 101 |
XXV | 116 |
XXVI | 121 |
XXVII | 123 |
XXIX | 127 |
XXX | 131 |
XXXI | 138 |
XXXII | 140 |
XXXIII | 144 |
XXXV | 148 |
XXXVI | 150 |
XXXVII | 153 |
XXXVIII | 156 |
XXXIX | 160 |
XL | 164 |
XLI | 166 |
XLII | 168 |
XLIII | 169 |
XLIV | 170 |
XLV | 172 |
XLVI | 178 |
XLVII | 181 |
XLVIII | 182 |
XLIX | 184 |
L | 188 |
LI | 192 |
LII | 195 |
LIII | 199 |
LIV | 205 |
LVI | 207 |
LVII | 209 |
LVIII | 216 |
LXVIII | 256 |
LXIX | 258 |
LXX | 259 |
LXXI | 262 |
LXXII | 265 |
LXXIII | 268 |
LXXIV | 275 |
LXXV | 277 |
LXXVI | 281 |
LXXVII | 282 |
LXXVIII | 286 |
LXXIX | 289 |
LXXX | 292 |
LXXXI | 294 |
LXXXII | 298 |
LXXXIII | 307 |
LXXXIV | 310 |
LXXXV | 313 |
LXXXVI | 315 |
LXXXVII | 318 |
LXXXVIII | 321 |
LXXXIX | 323 |
XC | 325 |
XCI | 327 |
XCII | 329 |
XCIII | 336 |
XCIV | 343 |
XCV | 352 |
XCVI | 359 |
XCVII | 360 |
XCVIII | 365 |
XCIX | 369 |
C | 377 |
CI | 379 |
CII | 381 |
CIII | 384 |
CIV | 397 |
CV | 403 |
433 | |
441 | |
445 | |
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Common terms and phrases
American applied approach argued argument basis Bill of Rights broad Burger Court Cardozo Choper clear and present commerce clause Congress consti constitutional interpretation constitutional law constitutional provisions constitutionality context contract clause debate decisions defendants dissent doctrine Dred Scott due process clause economic effect enforce equal protection established establishment clause example exercise fact federal Federalist Fifth Amendment Fourteenth Amendment framers fundamental grounds guarantee Hamilton Holmes Ibid important intent interest interpretation and judicial interpretivism interstate commerce involved issue judges judicial activism judicial power judiciary Justice laissez-faire legislature liberty limits Madison majority Marbury Marshall Marshall's meaning ment Modern Judicial Review nature opinion particular political present danger principles prohibition question reasonable regulation rules of interpretation separation of powers simply standard statute substantive due process Supreme Court theory tion tional traditional tution unconstitutional upheld violated vote Warren Court Wheaton words