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 4
... statute impermissibly interfered with such freedom and struck it down . Indeed , under this approach , the Court was free to strike down any law that , in its opinion , regulated economic matters " too much . " Such power seems much ...
... statute impermissibly interfered with such freedom and struck it down . Indeed , under this approach , the Court was free to strike down any law that , in its opinion , regulated economic matters " too much . " Such power seems much ...
Page 6
... statute . In that area , there does seem to be an important " legislative " component of judging , as judges modify ... statutes but even when overriding them . The essential distinction between such judicial acts in the light of ...
... statute . In that area , there does seem to be an important " legislative " component of judging , as judges modify ... statutes but even when overriding them . The essential distinction between such judicial acts in the light of ...
Page 55
... statute.59 The only constitutional dissent registered by Marshall occurred in Ogden v . Saunders ( 1827 ) , 60 The Court chose to uphold prospective state bank- ruptcy laws ( which discharge old debts under the conditions set by the statute ) ...
... statute.59 The only constitutional dissent registered by Marshall occurred in Ogden v . Saunders ( 1827 ) , 60 The Court chose to uphold prospective state bank- ruptcy laws ( which discharge old debts under the conditions set by the statute ) ...
Page 56
From Judicial Interpretation to Judge-Made Law Christopher Wolfe. statute ) , applying the contract clause only to state acts that impaired the obligation of contracts made prior to the bankruptcy law . Marshall dis- sented , arguing ...
From Judicial Interpretation to Judge-Made Law Christopher Wolfe. statute ) , applying the contract clause only to state acts that impaired the obligation of contracts made prior to the bankruptcy law . Marshall dis- sented , arguing ...
Page 74
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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