The Rise of Modern Judicial Review: From Constitutional 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. |
Contents
The Rise of JudgeMade | 3 |
Constitutional Interpretation in the Founding | 17 |
John Marshall and Constitutional Interpretation | 39 |
Copyright | |
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American applied approach argued argument basis Bill of Rights broad Burger Court Cardozo clear and present commerce clause common law Congress congressional Consti constitutional interpretation constitutional law constitutional provisions constitutionality context contract clause debate decisions defendants dissent doctrine due process clause economic effect enforce equal protection established example exercise fact federal Federalist Fifth Amendment Fourteenth Amendment framers free speech freedom of speech fundamental grounds guarantee Holmes Holmes's Ibid important intent interests interstate commerce involved issue judges judgment judicial activism judicial power judicial review judiciary Justice justify laissez-faire legislature liberty limits Madison majority Marshall Marshall's meaning ment modern judicial review nature particular political present danger test presumption principles privileges and immunities prohibition punishment question reasonable regulation requirement separation of powers simply standard statute substantive due process Supreme Court theory tion tional traditional tution upheld violated vote Warren Court Wheaton words