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 6
... clause and the commerce clause to strike down a good deal of state legisla- tion and , more important , significant chunks of the New Deal . In 1937- after Franklin Roosevelt's court - packing proposal - the Court swung about and upheld ...
... clause and the commerce clause to strike down a good deal of state legisla- tion and , more important , significant chunks of the New Deal . In 1937- after Franklin Roosevelt's court - packing proposal - the Court swung about and upheld ...
Page 26
... clause was " merely declaratory . . . of the appropriate , and , as it were , technical means of executing those ... commerce and borrow money ; the granting of bounties and making of regulations for agriculture , manufacture , and commerce ...
... clause was " merely declaratory . . . of the appropriate , and , as it were , technical means of executing those ... commerce and borrow money ; the granting of bounties and making of regulations for agriculture , manufacture , and commerce ...
Page 27
... clause gave no additional powers . Finally , the explana- tory amendments to ... commerce , or in the general phrases , such as " to lay taxes to provide for ... clause , Jefferson argued that " necessary " means include only " those ...
... clause gave no additional powers . Finally , the explana- tory amendments to ... commerce , or in the general phrases , such as " to lay taxes to provide for ... clause , Jefferson argued that " necessary " means include only " those ...
Page 42
... clause , or by the grant of power.8 The starting point for interpretation is ... commerce includes " navigation , " by noting prior congressional acts and by ... commerce " to comprehend navigation.11 Likewise , in Marbury v . Madison ...
... clause , or by the grant of power.8 The starting point for interpretation is ... commerce includes " navigation , " by noting prior congressional acts and by ... commerce " to comprehend navigation.11 Likewise , in Marbury v . Madison ...
Page 44
... clause . " Since proper is broader or less restrictive than necessary ( “ do ... clause in article 1 , section 8 ( not section 9 ) to defend his position that it is ... commerce , and the subject under discussion will often indicate which ...
... clause . " Since proper is broader or less restrictive than necessary ( “ do ... clause in article 1 , section 8 ( not section 9 ) to defend his position that it is ... commerce , and the subject under discussion will often indicate which ...
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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