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 7
... confined in hospitals . They have ordered the equalization of school expenditures on teachers ' salaries , established hearing procedures for public school discipline cases , decided that bilingual education must be provided for Mexican ...
... confined in hospitals . They have ordered the equalization of school expenditures on teachers ' salaries , established hearing procedures for public school discipline cases , decided that bilingual education must be provided for Mexican ...
Page 14
... confined to judges . In fact , the most impor- tant examples of it in the first years of American political life occurred outside judicial chambers , in legislative assemblies such as Congress and in the writings of leading political ...
... confined to judges . In fact , the most impor- tant examples of it in the first years of American political life occurred outside judicial chambers , in legislative assemblies such as Congress and in the writings of leading political ...
Page 23
... confine therefore the general expressions giving appellate jurisdic- tion to the Supreme Court to appeals from the subordinate federal courts , instead of allowing their extension to state courts , would be to abridge the latitude of ...
... confine therefore the general expressions giving appellate jurisdic- tion to the Supreme Court to appeals from the subordinate federal courts , instead of allowing their extension to state courts , would be to abridge the latitude of ...
Page 54
... confine " exclusive " federal commerce power to those areas of policy in which Congress has acted in some way . Marshall died before the decision in New York City v . Miln ( 1837 ) was handed down , but Story informs us in his dissent ...
... confine " exclusive " federal commerce power to those areas of policy in which Congress has acted in some way . Marshall died before the decision in New York City v . Miln ( 1837 ) was handed down , but Story informs us in his dissent ...
Page 64
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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