Cato Supreme Court Review 2006-2007

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Mark K. Moller
Cato Institute, 2007 - 250페이지
Once again, the Cato Supreme Court Review will analyze the most notable cases from the most recent term.

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INTRODUCTION
1
ANNUAL B KENNETH SIMON LECTURE
7
ARTICLES
18
CAMPAIGN FINANCE AND FREE SPEECH
77
Washington v
115
the First Amendment Takes a
133
FEDERALISM AND SEPARATION OF POWERS
167
Massachusetts v Environmental
193
Narrow Issue of Taxpayer Standing Highlights Wide
215
Samuel Estreicher
239
MARKETS AND THE
251
Weyerhaeuser and the Search for Antitrusts Holy Grail
277
A Tragedy
315
LOOKING FORWARD
335
CONTRIBUTORS
355
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143 페이지 - If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by work or act their faith therein.
148 페이지 - But freedom to differ is not limited to things that do not matter much That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order...
218 페이지 - The party who invokes the power must be able to show not only that the statute is invalid but that he has sustained or is immediately in danger of sustaining some direct injury as a result of its enforcement, and not merely that he suffers in some indefinite way in common with people generally.
218 페이지 - Treasury — partly realized from taxation and partly from other sources — is shared with millions of others; is comparatively minute and indeterminable; and the effect upon future taxation, of any payment out of the funds, so remote, fluctuating and uncertain, that no basis is afforded for an appeal to the preventive powers of a court of equity.
219 페이지 - First, the taxpayer must establish a logical link between that status and the type of legislative enactment attacked. Thus, a taxpayer will be a proper party to allege the unconstitutionality only of exercises of congressional power under the taxing and spending clause of Art. I, § 8, of the Constitution.
218 페이지 - We have no power per se to review and annul acts of Congress on the ground that they are unconstitutional. That question may be considered only when the justification for some direct injury suffered or threatened, presenting a justiciable issue, is made to rest upon such an act.
143 페이지 - That they are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.
15 페이지 - ... (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color or national origin.
186 페이지 - clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.
103 페이지 - For the distinction between discussion of issues and candidates and advocacy of election or defeat of candidates may often dissolve in practical application. Candidates, especially incumbents, are intimately tied to public issues involving legislative proposals and governmental actions. Not only do candidates campaign on the basis of their positions on various public issues, but campaigns themselves generate issues of public interest.

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