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 34
... Consti- tution . For instance , in the removal power debate , he argued for presiden- tial power to remove government officers not so much in Hamiltonian terms of efficient government as in terms of the responsibility so important to ...
... Consti- tution . For instance , in the removal power debate , he argued for presiden- tial power to remove government officers not so much in Hamiltonian terms of efficient government as in terms of the responsibility so important to ...
Page 36
... consti- tutional law historians . It would be inappropriate for the framework of a democratic republic to be or become a species of technical knowledge , since the average citizen of a democracy is presumed to have the requisite ...
... consti- tutional law historians . It would be inappropriate for the framework of a democratic republic to be or become a species of technical knowledge , since the average citizen of a democracy is presumed to have the requisite ...
Page 42
... consti- tution of our country , which involve conflicting powers of the government of the Union , and of the respective states , it is proper to take a view of the literal meaning of the words to be expounded , of their connection with ...
... consti- tution of our country , which involve conflicting powers of the government of the Union , and of the respective states , it is proper to take a view of the literal meaning of the words to be expounded , of their connection with ...
Page 49
... Consti- tution was formed as part of the subject matter that would help in an understanding of intent of the framers . For instance , in Barron v . Baltimore , Marshall said that “ it is universally understood , it is a part of the ...
... Consti- tution was formed as part of the subject matter that would help in an understanding of intent of the framers . For instance , in Barron v . Baltimore , Marshall said that “ it is universally understood , it is a part of the ...
Page 57
... consti- tutional " intent " to his critics . A constitution must lay down general principles , not specific rules , if it is to survive the passage of time and adapt to the circumstances of future ages . The intent of the Constitution ...
... consti- tutional " intent " to his critics . A constitution must lay down general principles , not specific rules , if it is to survive the passage of time and adapt to the circumstances of future ages . The intent of the Constitution ...
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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