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 viii
... TO CRITICS The Order of Interpretation The Major Criticisms Conclusion NOTES INDEX OF CASES SUBJECT INDEX 379 381 384 397 403 433 441 ABOUT THE AUTHOR 449 Preface to the Revised Edition When the first edition of viii Contents.
... TO CRITICS The Order of Interpretation The Major Criticisms Conclusion NOTES INDEX OF CASES SUBJECT INDEX 379 381 384 397 403 433 441 ABOUT THE AUTHOR 449 Preface to the Revised Edition When the first edition of viii Contents.
Page 5
... First , the development was nominally tied to the Constitution as a judicial " interpretation " of the due process clauses of the Fifth and Fourteenth Amendments . Second , there were certain doctrines that had appeared dur- ing the ...
... First , the development was nominally tied to the Constitution as a judicial " interpretation " of the due process clauses of the Fifth and Fourteenth Amendments . Second , there were certain doctrines that had appeared dur- ing the ...
Page 13
... first understanding its great alternative , “ traditional ” judicial re- view . One of the reasons why the shift in the nature of judicial review has not been sufficiently clear is that modern American judicial history has been seen ...
... first understanding its great alternative , “ traditional ” judicial re- view . One of the reasons why the shift in the nature of judicial review has not been sufficiently clear is that modern American judicial history has been seen ...
Page 14
... first step in recognizing the radical character of modern judicial review is to recognize that there once was a very different form of judicial review in the United States . Both the theory and practice of early American judicial review ...
... first step in recognizing the radical character of modern judicial review is to recognize that there once was a very different form of judicial review in the United States . Both the theory and practice of early American judicial review ...
Page 17
... First , there were in use generally accepted rules for interpreting laws and legal documents , that were readily applicable to constitutional interpretation . Second , these rules were intended for a common purpose agreed upon by all ...
... First , there were in use generally accepted rules for interpreting laws and legal documents , that were readily applicable to constitutional interpretation . Second , these rules were intended for a common purpose agreed upon by all ...
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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