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 vii
... Court and Liberalism 281 Religion 282 The Pandora's Box of Nonracial Equal Protection Privacy 286 289 13 The Burger Court 292 Criminal Defendants ' Rights 294 Equal Protection 298 Privacy 307 The Death Penalty 310 Free Speech 313 ...
... Court and Liberalism 281 Religion 282 The Pandora's Box of Nonracial Equal Protection Privacy 286 289 13 The Burger Court 292 Criminal Defendants ' Rights 294 Equal Protection 298 Privacy 307 The Death Penalty 310 Free Speech 313 ...
Page viii
... Court 359 The Burger Court Trends Continue 360 The Revolution That Didn't Quite Happen Some Genuine Changes - or Hints Thereof Conclusion 365 369 377 AFTERWORD : A RESPONSE TO CRITICS The Order of Interpretation The Major Criticisms ...
... Court 359 The Burger Court Trends Continue 360 The Revolution That Didn't Quite Happen Some Genuine Changes - or Hints Thereof Conclusion 365 369 377 AFTERWORD : A RESPONSE TO CRITICS The Order of Interpretation The Major Criticisms ...
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Page 292
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Page 293
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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