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 7
... involved in today , let me cite one from Donald Horowitz's The Courts and Social Policy : The last two decades have ... involvement of courts in decisions that would earlier have been thought unfit for adjudication . Judicial activity ...
... involved in today , let me cite one from Donald Horowitz's The Courts and Social Policy : The last two decades have ... involvement of courts in decisions that would earlier have been thought unfit for adjudication . Judicial activity ...
Page 18
... involved . The second source is to be used only " if the words happen to be still dubious . " If a word or sentence is ambiguous , equivocal , or intricate , then the meaning may be properly established from the context . One example of ...
... involved . The second source is to be used only " if the words happen to be still dubious . " If a word or sentence is ambiguous , equivocal , or intricate , then the meaning may be properly established from the context . One example of ...
Page 19
... involved , if the words do not require it . From this last method , says Blackstone , comes equity , or the correction of the defects of law that arise from its universality . According to princi- ples of equity , qualifications that ...
... involved , if the words do not require it . From this last method , says Blackstone , comes equity , or the correction of the defects of law that arise from its universality . According to princi- ples of equity , qualifications that ...
Page 21
... involved here are valid . They themselves are commonsense rules that he employed elsewhere in the Federalist . For example , " the specification of particulars " in the legislative power in article 1 , section 8 " excludes all ...
... involved here are valid . They themselves are commonsense rules that he employed elsewhere in the Federalist . For example , " the specification of particulars " in the legislative power in article 1 , section 8 " excludes all ...
Page 23
... involved ; the latter would be intirely inadmissible , as it would defeat some of the most important and avowed purposes of the pro- posed government , and would essentially embarrass its measures . . . . The evident aim of the plan of ...
... involved ; the latter would be intirely inadmissible , as it would defeat some of the most important and avowed purposes of the pro- posed government , and would essentially embarrass its measures . . . . The evident aim of the plan of ...
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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