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
... Criticism and Defense Later Traditional Interpretation 41 51 Conclusion 3 Judicial Review : The Classic Defenses The Federalist Limited But Authoritative Judicial Review Marbury v . Madison Criticism and Defense 4 " Moderate " Judicial ...
... Criticism and Defense Later Traditional Interpretation 41 51 Conclusion 3 Judicial Review : The Classic Defenses The Federalist Limited But Authoritative Judicial Review Marbury v . Madison Criticism and Defense 4 " Moderate " Judicial ...
Page viii
... CRITICS The Order of Interpretation The Major Criticisms Conclusion NOTES INDEX OF CASES SUBJECT INDEX 379 381 384 397 403 433 441 ABOUT THE AUTHOR 449 Preface to the Revised Edition When the first edition of viii Contents.
... CRITICS The Order of Interpretation The Major Criticisms Conclusion NOTES INDEX OF CASES SUBJECT INDEX 379 381 384 397 403 433 441 ABOUT THE AUTHOR 449 Preface to the Revised Edition When the first edition of viii Contents.
Page ix
... criticisms of judicial activism . Depending on what happens in the 1996 election ( and other events ) , we may look back on the Reagan - Meese challenge to expansive Supreme Court power as the high - water mark of opposition to modern ...
... criticisms of judicial activism . Depending on what happens in the 1996 election ( and other events ) , we may look back on the Reagan - Meese challenge to expansive Supreme Court power as the high - water mark of opposition to modern ...
Page x
... criticism directed against it has been effective in refuting it . And while clear- sightedness about the current situation precludes optimism , I have by no means concluded that the challenge of the 1980s to modern judicial power will ...
... criticism directed against it has been effective in refuting it . And while clear- sightedness about the current situation precludes optimism , I have by no means concluded that the challenge of the 1980s to modern judicial power will ...
Page xi
... criticism of my original position on the " order " of using rules of interpretation . ) Peter Rofes of Marquette University , Robert Scigliano of Boston Col- lege , and Michael Zuckert of Carleton College were kind enough to give ...
... criticism of my original position on the " order " of using rules of interpretation . ) Peter Rofes of Marquette University , Robert Scigliano of Boston Col- lege , and Michael Zuckert of Carleton College were kind enough to give ...
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