The Rise of Modern Judicial Review: From Judicial 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 7
... find an issue in which some federal judge somewhere might not intervene to lay down the " the law . " 8 From among many " laundry lists " of what federal judges are involved in today , let me cite one from Donald Horowitz's The Courts ...
... find an issue in which some federal judge somewhere might not intervene to lay down the " the law . " 8 From among many " laundry lists " of what federal judges are involved in today , let me cite one from Donald Horowitz's The Courts ...
Page 23
... find that notwithstanding the affirmative grants of general authorities , there has been the most pointed care in those cases where it was deemed improper that the like authorities should reside in the States , to insert negative ...
... find that notwithstanding the affirmative grants of general authorities , there has been the most pointed care in those cases where it was deemed improper that the like authorities should reside in the States , to insert negative ...
Page 59
... find much weaker . In the latter case ( Cohens ) , Marshall's arguments from the words of the Constitution and from the mischievous consequences of a contrary position are devastating . In the former case ( McCulloch ) , once the ...
... find much weaker . In the latter case ( Cohens ) , Marshall's arguments from the words of the Constitution and from the mischievous consequences of a contrary position are devastating . In the former case ( McCulloch ) , once the ...
Page 113
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Page 126
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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