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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Results 1-5 of 83
Page ix
... Especially with the attorney - generalship of Edwin Meese , the Justice Department became a high - profile center for public criticisms of judicial activism . Depending on what happens in the 1996 election ( and other events ) , we may ...
... Especially with the attorney - generalship of Edwin Meese , the Justice Department became a high - profile center for public criticisms of judicial activism . Depending on what happens in the 1996 election ( and other events ) , we may ...
Page xi
... especially direct the reader's attention to my discussion of Michael Zuckert's perceptive criticism of my original position on the " order " of using rules of interpretation . ) Peter Rofes of Marquette University , Robert Scigliano of ...
... especially direct the reader's attention to my discussion of Michael Zuckert's perceptive criticism of my original position on the " order " of using rules of interpretation . ) Peter Rofes of Marquette University , Robert Scigliano of ...
Page xiv
... especially 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 ...
... especially 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 ...
Page 6
... especially on an analysis of the common law , the area where judges decide cases on the basis of judicial precedents in the absence of statute . In that area , there does seem to be an important " legislative " component of judging , as ...
... especially on an analysis of the common law , the area where judges decide cases on the basis of judicial precedents in the absence of statute . In that area , there does seem to be an important " legislative " component of judging , as ...
Page 7
... especially in freedom of speech and freedom of religion cases , and also in less well known cases involving state regulation of commerce . A major milestone in the growth of modern judicial power came with the 1954 Brown v . Board of ...
... especially in freedom of speech and freedom of religion cases , and also in less well known cases involving state regulation of commerce . A major milestone in the growth of modern judicial power came with the 1954 Brown v . Board of ...
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