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 5
... argue that pro- vided a plausible basis for apparent continuity . Third , the founders did , in fact , accord an ... argued that all judging — not just one kind , such as laissez - faire jurisprudence - was inherently legislative ...
... argue that pro- vided a plausible basis for apparent continuity . Third , the founders did , in fact , accord an ... argued that all judging — not just one kind , such as laissez - faire jurisprudence - was inherently legislative ...
Page 20
... argued , it seems clear that its authors also looked beyond the immediate struggle and wrote with a view to ... argument.1 Although the Federalist's interpretation has great authority , it does not directly address the question " in what ...
... argued , it seems clear that its authors also looked beyond the immediate struggle and wrote with a view to ... argument.1 Although the Federalist's interpretation has great authority , it does not directly address the question " in what ...
Page 26
... argued that the necessary and proper clause was " merely declaratory . . . of the appropriate , and , as it were , technical means of executing those powers . ” An interpretation that permitted any means would destroy the essential ...
... argued that the necessary and proper clause was " merely declaratory . . . of the appropriate , and , as it were , technical means of executing those powers . ” An interpretation that permitted any means would destroy the essential ...
Page 27
... argued that the bill is condemned by the silence of the Constitution , by the rule of interpretation arising out of the Constitution ... by its tendency to destroy the main characteristic of the Constitu- tion ... by expositions of ...
... argued that the bill is condemned by the silence of the Constitution , by the rule of interpretation arising out of the Constitution ... by its tendency to destroy the main characteristic of the Constitu- tion ... by expositions of ...
Page 28
... argument ) , and the delegated powers would be swallowed up in one power . Finally , Jefferson reviewed the " convenience " of a bank and argued that there is little greater conve- nience , since what it is intended to do “ may be done ...
... argument ) , and the delegated powers would be swallowed up in one power . Finally , Jefferson reviewed the " convenience " of a bank and argued that there is little greater conve- nience , since what it is intended to do “ may be done ...
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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