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 v
... Federalist Early Constitutional Debates Conclusion 20 24 37 2 John Marshall and Constitutional Interpretation 39 Marshall's Rules of Interpretation 41 Marshall's Interpretation of the Constitution 51 Criticism and Defense 56 Later ...
... Federalist Early Constitutional Debates Conclusion 20 24 37 2 John Marshall and Constitutional Interpretation 39 Marshall's Rules of Interpretation 41 Marshall's Interpretation of the Constitution 51 Criticism and Defense 56 Later ...
Page 4
... Federalist No. 78 , it ceased to be " judgment " and became judicial “ will . ” 5 During this second stage of judicial review , the Supreme Court ( with widespread support in the legal profession ) adopted a particular under- standing ...
... Federalist No. 78 , it ceased to be " judgment " and became judicial “ will . ” 5 During this second stage of judicial review , the Supreme Court ( with widespread support in the legal profession ) adopted a particular under- standing ...
Page 5
From Judicial Interpretation to Judge-Made Law Christopher Wolfe. in the Federalist's term - than judgment or adjudication or “ interpreta- tion . " The change in judicial review was obscured by a number of factors . First , the ...
From Judicial Interpretation to Judge-Made Law Christopher Wolfe. in the Federalist's term - than judgment or adjudication or “ interpreta- tion . " The change in judicial review was obscured by a number of factors . First , the ...
Page 9
... Federalist that the judicial branch was the " least dangerous " to the political rights of the nation was more typical , but in the same passage , he notes that this is true only if the power of judging is separate from the other powers ...
... Federalist that the judicial branch was the " least dangerous " to the political rights of the nation was more typical , but in the same passage , he notes that this is true only if the power of judging is separate from the other powers ...
Page 14
... , in legislative assemblies such as Congress and in the writings of leading political figures . Chapter 1 will examine some English background , the constitutional interpretation of the Federalist , 14 THE TRADITIONAL ERA.
... , in legislative assemblies such as Congress and in the writings of leading political figures . Chapter 1 will examine some English background , the constitutional interpretation of the Federalist , 14 THE TRADITIONAL ERA.
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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