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 10
... justify it . One ground of support for an expansive judicial power has been simple satis- faction with its results . The proof of the pudding is in the tasting , sup- porters of the modern Court argue , and judicial activism — whatever ...
... justify it . One ground of support for an expansive judicial power has been simple satis- faction with its results . The proof of the pudding is in the tasting , sup- porters of the modern Court argue , and judicial activism — whatever ...
Page 29
... justify the overleaping of the bounds of constitutional authority , than to govern the ordinary exercise of it . " According to Hamilton , the criterion of constitutionality is not the greater or lesser utility or expediency of a ...
... justify the overleaping of the bounds of constitutional authority , than to govern the ordinary exercise of it . " According to Hamilton , the criterion of constitutionality is not the greater or lesser utility or expediency of a ...
Page 46
... or mischievous , or repugnant to the general spirit of the instrument , as to justify those who expound the constitution in making it an exception . ” 28 Elaborating on the possible grounds for such an exception , 46 THE TRADITIONAL ERA.
... or mischievous , or repugnant to the general spirit of the instrument , as to justify those who expound the constitution in making it an exception . ” 28 Elaborating on the possible grounds for such an exception , 46 THE TRADITIONAL ERA.
Page 58
... justify reading a consti- tutional provision more narrowly than it can fairly be read . Public opinion on many matters takes time to educate . The people may have had to realize certain proximate implications before they could con ...
... justify reading a consti- tutional provision more narrowly than it can fairly be read . Public opinion on many matters takes time to educate . The people may have had to realize certain proximate implications before they could con ...
Page 59
... justify what is intended to be , and , in fact , is , a regulation of interstate commerce ? Marshall's opinions on ... justified by the Constitu- tion ) whereby the implied powers can be stringently limited . Fortunately , the burden ...
... justify what is intended to be , and , in fact , is , a regulation of interstate commerce ? Marshall's opinions on ... justified by the Constitu- tion ) whereby the implied powers can be stringently limited . Fortunately , the burden ...
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Common terms and phrases
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