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 7
... issue after issue was opened to judicial cognizance and decision . By the 1970s , it almost seemed as if it were difficult to find an issue in which some federal judge somewhere might not intervene to lay down the " the law . " 8 From ...
... issue after issue was opened to judicial cognizance and decision . By the 1970s , it almost seemed as if it were difficult to find an issue in which some federal judge somewhere might not intervene to lay down the " the law . " 8 From ...
Page 10
... observed that there were grounds for narrowing that presumption in certain cases . The three kinds of cases he cited were : those in which a specific constitutional right is at issue ; those 10 THE RISE OF MODERN JUDICIAL REVIEW.
... observed that there were grounds for narrowing that presumption in certain cases . The three kinds of cases he cited were : those in which a specific constitutional right is at issue ; those 10 THE RISE OF MODERN JUDICIAL REVIEW.
Page 11
... issue ; those involving the integ- rity of the political process itself ; and those in which the rights of dis- crete and insular minorities ( which are readily identifiable and can be singled out for oppressive treatment ) are at stake ...
... issue ; those involving the integ- rity of the political process itself ; and those in which the rights of dis- crete and insular minorities ( which are readily identifiable and can be singled out for oppressive treatment ) are at stake ...
Page 25
... issue , and Washington in his signing of the bill . Madison took up the question of the constitutionality of the Bank of the United States in Congressional debate on February 2 , 1791 , laying down several " preliminaries to a right ...
... issue , and Washington in his signing of the bill . Madison took up the question of the constitutionality of the Bank of the United States in Congressional debate on February 2 , 1791 , laying down several " preliminaries to a right ...
Page 42
... issue . Marshall stated this again and added comments about the manner of dealing with words in Ogden v . Saunders : To say that the intention of the instrument must prevail ; that this intention must be collected from its words ; that ...
... issue . Marshall stated this again and added comments about the manner of dealing with words in Ogden v . Saunders : To say that the intention of the instrument must prevail ; that this intention must be collected from its words ; that ...
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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