The Rise of Modern Judicial Review: From Judicial Interpretation to Judge-Made Law
This 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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American applied approach argued argument basis beneﬁts Bill of Rights broad Burger Court Choper clear and present commerce clause conﬁned Congress consti constitutional interpretation constitutional law constitutional provisions constitutionality context contract clause decisions defendants deﬁnite difﬁcult dissent doctrine due process clause economic effect enforce equal protection established establishment clause example exercise fact federal Federalist Fifth Amendment ﬁnd ﬁrst Fourteenth Amendment framers fundamental grounds guarantee Hamilton Holmes Ibid intent interest interpretivism interstate commerce involved issue judges judicial activism judicial power judiciary Justice justiﬁed laissez-faire legislative legislature liberty limits Madison majority Marshall Marshall's meaning ment modern judicial review nature opinion particular political present danger principles prohibition question reasonable reﬂected regulation rules of interpretation separation of powers simply speciﬁc standard statute substantive due process Supreme Court theory tion tional traditional tution unconstitutional upheld violated vote Warren Court Wheaten words