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
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Page 4
... basis of that political philosophy , it struck down many attempts to regulate economic affairs in the period from 1890 to 1937 . The classic example of cases during this era was Lochner v . New York ( 1905 ) . New York State prohibited ...
... basis of that political philosophy , it struck down many attempts to regulate economic affairs in the period from 1890 to 1937 . The classic example of cases during this era was Lochner v . New York ( 1905 ) . New York State prohibited ...
Page 6
... basis of judicial precedents in the absence of statute . In that area , there does seem to be an important " legislative " component of judging , as judges modify the rules of established precedents in the light of new circumstances and ...
... basis of judicial precedents in the absence of statute . In that area , there does seem to be an important " legislative " component of judging , as judges modify the rules of established precedents in the light of new circumstances and ...
Page 24
... basis of how well the choice will provide meaning within the context and harmonize with the implications reasonably derived from the whole document and its parts . All of this should be done with a view to the evident intent of those ...
... basis of how well the choice will provide meaning within the context and harmonize with the implications reasonably derived from the whole document and its parts . All of this should be done with a view to the evident intent of those ...
Page 27
... basis for the power of Congress to incorporate a bank , either among the powers specifi- cally enumerated , such as laying taxes , borrowing money , or regulating commerce , or in the general phrases , such as " to lay taxes to provide ...
... basis for the power of Congress to incorporate a bank , either among the powers specifi- cally enumerated , such as laying taxes , borrowing money , or regulating commerce , or in the general phrases , such as " to lay taxes to provide ...
Page 28
From Judicial Interpretation to Judge-Made Law Christopher Wolfe. provide a basis for some tortured argument ) , and the delegated powers would be swallowed up in one power . Finally , Jefferson reviewed the " convenience " of a bank and ...
From Judicial Interpretation to Judge-Made Law Christopher Wolfe. provide a basis for some tortured argument ) , and the delegated powers would be swallowed up in one power . Finally , Jefferson reviewed the " convenience " of a bank and ...
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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