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 5
... effect legislating a wide domain of property rights in addition to those already protected by the Constitution ( that is , through the clause that forbade states to impair the obligation of contracts ) . For all these reasons , the ...
... effect legislating a wide domain of property rights in addition to those already protected by the Constitution ( that is , through the clause that forbade states to impair the obligation of contracts ) . For all these reasons , the ...
Page 19
... effects and consequences is " that where the words bear either none , or a very absurd signification , if literally ... effect it . Rules of legal interpretation such as these were widely known and used by American lawyers at the time ...
... effects and consequences is " that where the words bear either none , or a very absurd signification , if literally ... effect it . Rules of legal interpretation such as these were widely known and used by American lawyers at the time ...
Page 30
... for law to express and effect more or less than was intended . " The intent of the framers is not to be used to restrict or change the meaning of the words of the Constitution but only to clarify 30 THE TRADITIONAL ERA.
... for law to express and effect more or less than was intended . " The intent of the framers is not to be used to restrict or change the meaning of the words of the Constitution but only to clarify 30 THE TRADITIONAL ERA.
Page 31
... effect of them . The question to be asked at the conclusion of this extended summary of constitutional arguments is : are the differences between Madison and Jefferson , on one side , and Hamilton ( and Washington ) on the other at ...
... effect of them . The question to be asked at the conclusion of this extended summary of constitutional arguments is : are the differences between Madison and Jefferson , on one side , and Hamilton ( and Washington ) on the other at ...
Page 35
... effect more or less than was intended . " ' 31 Thus , if a particular effect of a law is fairly derivable from the words properly construed , the framers of the law cannot in effect say " that may be so , but that is not what we meant ...
... effect more or less than was intended . " ' 31 Thus , if a particular effect of a law is fairly derivable from the words properly construed , the framers of the law cannot in effect say " that may be so , but that is not what we meant ...
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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