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 5
... due process clauses of the Fifth and Fourteenth Amendments . Second , there were certain doctrines that had appeared dur- ing the traditional era - outside the mainstream , I will argue that pro- vided a plausible basis for apparent ...
... due process clauses of the Fifth and Fourteenth Amendments . Second , there were certain doctrines that had appeared dur- ing the traditional era - outside the mainstream , I will argue that pro- vided a plausible basis for apparent ...
Page 6
... due process 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 ...
... due process 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 ...
Page 69
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Page 70
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Page 71
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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