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 iv
... constitutional interpretation to judge - made law / Christopher Wolfe . - Rev. ed . p . cm . Includes bibliographical references and index . 1. Judicial review - United States - History . 2. United States-- Constitutional law ...
... constitutional interpretation to judge - made law / Christopher Wolfe . - Rev. ed . p . cm . Includes bibliographical references and index . 1. Judicial review - United States - History . 2. United States-- Constitutional law ...
Page v
... Constitutional Interpretation in the Founding Blackstone 17 18 The Federalist Early Constitutional Debates Conclusion 20 24 37 2 John Marshall and Constitutional Interpretation 39 Marshall's Rules of Interpretation 41 Marshall's ...
... Constitutional Interpretation in the Founding Blackstone 17 18 The Federalist Early Constitutional Debates Conclusion 20 24 37 2 John Marshall and Constitutional Interpretation 39 Marshall's Rules of Interpretation 41 Marshall's ...
Page x
... meaning " approach to interpretation — is still not only the right interpretation of the founders ' approach to constitutional interpretation and judicial review , but also the most prudent political choice for our nation . Nor do I ...
... meaning " approach to interpretation — is still not only the right interpretation of the founders ' approach to constitutional interpretation and judicial review , but also the most prudent political choice for our nation . Nor do I ...
Page xiii
... constitutional interpretation and judicial power as it was understood by the founders of American government . Understanding earlier statesmen as they understood themselves is always difficult for two very different reasons . Either we ...
... constitutional interpretation and judicial power as it was understood by the founders of American government . Understanding earlier statesmen as they understood themselves is always difficult for two very different reasons . Either we ...
Page xiv
... constitutional interpretation , especially Marshall's , both sparked my interest in the topic and provided me with the principles that have informed my whole approach . I am deeply grateful for his guidance and support . I also owe a ...
... constitutional interpretation , especially Marshall's , both sparked my interest in the topic and provided me with the principles that have informed my whole approach . I am deeply grateful for his guidance and support . I also owe a ...
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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