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. |
From inside the book
Results 1-5 of 84
Page 5
... important place to property rights in their political philoso- phy , a fact that made it easier to invoke them — and the Constitution — in defense of the new tack the Court was taking ( although a closer look at the founding raises ...
... important place to property rights in their political philoso- phy , a fact that made it easier to invoke them — and the Constitution — in defense of the new tack the Court was taking ( although a closer look at the founding raises ...
Page 6
... important , significant chunks of the New Deal . In 1937— after Franklin Roosevelt's court - packing proposal — the Court swung about and upheld controverted legislation , and , afterward , its ranks swell- ing with Roosevelt appointees ...
... important , significant chunks of the New Deal . In 1937— after Franklin Roosevelt's court - packing proposal — the Court swung about and upheld controverted legislation , and , afterward , its ranks swell- ing with Roosevelt appointees ...
Page 8
... important factor , accustoming Americans to the fact that judges can assert power over the legislature and that important policy consrquences flow from such acts ( even if the particular exercise of judicial review is based on the ...
... important factor , accustoming Americans to the fact that judges can assert power over the legislature and that important policy consrquences flow from such acts ( even if the particular exercise of judicial review is based on the ...
Page 10
... important that the public understanding of judicial power not conform too closely to the legal pro- fession's understanding of it . While it is almost unchallenged dogma in the legal profession that judicial review is an essentially ...
... important that the public understanding of judicial power not conform too closely to the legal pro- fession's understanding of it . While it is almost unchallenged dogma in the legal profession that judicial review is an essentially ...
Page 11
... important cases that have contributed significantly to the development I am describing will not be mentioned.21 The answers to crucial questions about our political regime are at stake here . Who rules — and who should rule — in America ...
... important cases that have contributed significantly to the development I am describing will not be mentioned.21 The answers to crucial questions about our political regime are at stake here . Who rules — and who should rule — in America ...
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