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. |
From inside the book
Results 1-5 of 56
Page v
... But Authoritative Judicial Review Marbury v . Madison 76 80 Criticism and Defense 84 4 " Moderate " Judicial Review 90 Alternatives to Judicial Review 90 Judicial Review and Its Competitors : A Dialectic Moderate Judicial Contents.
... But Authoritative Judicial Review Marbury v . Madison 76 80 Criticism and Defense 84 4 " Moderate " Judicial Review 90 Alternatives to Judicial Review 90 Judicial Review and Its Competitors : A Dialectic Moderate Judicial Contents.
Page xiii
... Madison , though most Americans , and a few legal commentators , do not seem aware of it . We cannot debate judicial review today without knowing what it is . Second , we must also know the origins of modern judicial power . There were ...
... Madison , though most Americans , and a few legal commentators , do not seem aware of it . We cannot debate judicial review today without knowing what it is . Second , we must also know the origins of modern judicial power . There were ...
Page 15
... Madison , and some modern criticisms of the latter . Finally , chapter 4 will try to show that judicial review was not the only answer in early American history to the question of where authority for interpreting the Constitution should ...
... Madison , and some modern criticisms of the latter . Finally , chapter 4 will try to show that judicial review was not the only answer in early American history to the question of where authority for interpreting the Constitution should ...
Page 20
... Madison , the fourth president and probably the most influential hand in the formation of the Constitution during the Convention of 1787. The fact that the Federalist is the joint product of two men who came to be leading adversaries ...
... Madison , the fourth president and probably the most influential hand in the formation of the Constitution during the Convention of 1787. The fact that the Federalist is the joint product of two men who came to be leading adversaries ...
Page 21
... Madison responded to the objection that the power to tax in order to " provide for the common defense and general welfare ” is “ an unlimited commission to exercise every power which may be alleged to be necessary for the common defense ...
... Madison responded to the objection that the power to tax in order to " provide for the common defense and general welfare ” is “ an unlimited commission to exercise every power which may be alleged to be necessary for the common defense ...
Other editions - View all
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