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 9
... political rights of the nation was more typical , but in the same passage , he notes that this is true only if the power of judging is separate from the other powers : Though individual oppression may now and then proceed from the ...
... political rights of the nation was more typical , but in the same passage , he notes that this is true only if the power of judging is separate from the other powers : Though individual oppression may now and then proceed from the ...
Page 11
... 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 . In these cases , the insulation 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 . In these cases , the insulation of the ...
Page 13
... political preferences they seek to advance . Legal realism necessarily strikes at the heart of the early American no- tion of judicial power as " judgment " rather than " will . " Whether such traditional descriptions of judicial power ...
... political preferences they seek to advance . Legal realism necessarily strikes at the heart of the early American no- tion of judicial power as " judgment " rather than " will . " Whether such traditional descriptions of judicial power ...
Page 14
... political life occurred outside judicial chambers , in legislative assemblies such as Congress and in the writings of leading political figures . Chapter 1 will examine some English background , the constitutional interpretation of the ...
... political life occurred outside judicial chambers , in legislative assemblies such as Congress and in the writings of leading political figures . Chapter 1 will examine some English background , the constitutional interpretation of the ...
Page 20
... political parties . While the Federalist did have an immediate , practical purpose of persuad- ing people to ratify the Constitution , it should not be dismissed as simply " propaganda . " As Martin Diamond has argued , it seems clear ...
... political parties . While the Federalist did have an immediate , practical purpose of persuad- ing people to ratify the Constitution , it should not be dismissed as simply " propaganda . " As Martin Diamond has argued , it seems clear ...
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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