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 54
... dissent that Marshall's opinion on the first hearing of the case had agreed with his own.54 Miln dealt with a city regulation requiring registration of passengers by ships ' masters on their arrival , the posting of bonds to cover ...
... dissent that Marshall's opinion on the first hearing of the case had agreed with his own.54 Miln dealt with a city regulation requiring registration of passengers by ships ' masters on their arrival , the posting of bonds to cover ...
Page 55
... dissent registered by Marshall occurred in Ogden v . Saunders ( 1827 ) , 60 The Court chose to uphold prospective state bank- ruptcy laws ( which discharge old debts under the conditions set by the statute ) , applying the contract ...
... dissent registered by Marshall occurred in Ogden v . Saunders ( 1827 ) , 60 The Court chose to uphold prospective state bank- ruptcy laws ( which discharge old debts under the conditions set by the statute ) , applying the contract ...
Page 64
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Page 67
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Page 68
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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