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 4
... decisions . This view transformed judicial review into a defense not so much of the Constitution as of the natural law ( or , more precisely , natural rights ) and above all of property rights . On such an understanding , judicial ...
... decisions . This view transformed judicial review into a defense not so much of the Constitution as of the natural law ( or , more precisely , natural rights ) and above all of property rights . On such an understanding , judicial ...
Page 7
... decision . By the 1970s , it almost seemed as if it were difficult to find an issue in which some federal judge ... decisions that would earlier have been thought unfit for adjudication . Judicial activity has extended to welfare ...
... decision . By the 1970s , it almost seemed as if it were difficult to find an issue in which some federal judge ... decisions that would earlier have been thought unfit for adjudication . Judicial activity has extended to welfare ...
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Page 34
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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