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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... tion , and Harry Wellington's Interpreting the Constitution . The assump- tion is generally that " interpretivism " or " originalism " has been deci- sively defeated on the intellectual battlefield . My own view is that originalism ...
... tion , and Harry Wellington's Interpreting the Constitution . The assump- tion is generally that " interpretivism " or " originalism " has been deci- sively defeated on the intellectual battlefield . My own view is that originalism ...
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... tion to say that the emergence of judge - made constitutional law has been the most striking characteristic of our federal courts since the end of the nineteenth century . The history of judicial review in America can be divided into ...
... tion to say that the emergence of judge - made constitutional law has been the most striking characteristic of our federal courts since the end of the nineteenth century . The history of judicial review in America can be divided into ...
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... tion and , more important , significant chunks of the New Deal . In 1937- after Franklin Roosevelt's court - packing proposal - the Court swung about and upheld controverted legislation , and , afterward , its ranks swell- ing with ...
... tion and , more important , significant chunks of the New Deal . In 1937- after Franklin Roosevelt's court - packing proposal - the Court swung about and upheld controverted legislation , and , afterward , its ranks swell- ing with ...
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... tion , sanitation , and laundry , painting , lighting , plumbing , and renovation in some prisons ; they have ordered other prisons closed . Courts have established equally comprehensive programs of care and treatment for the mentally ...
... tion , sanitation , and laundry , painting , lighting , plumbing , and renovation in some prisons ; they have ordered other prisons closed . Courts have established equally comprehensive programs of care and treatment for the mentally ...
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... tion are various : the foibles of the men who make them , the limits imposed by the generality of the law , the limits on the ability of political power ( especially in a free society ) to control what human beings do . How must a judge ...
... tion are various : the foibles of the men who make them , the limits imposed by the generality of the law , the limits on the ability of political power ( especially in a free society ) to control what human beings do . How must a judge ...
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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