The Supreme Court's Constitution: An Inquiry Into Judicial Review and Its Impact on SocietyTransaction Publishers - 215페이지 The U.S. Court has exercised enormous influence on American society throughout its history. Although the Court is considered the guardian of the Constitution, the Constitution does not specifically set forth the Court's power to strike down federal or state legislation, nor does it provide guidance on how this power should be applied. In this critical examination of Supreme Court opinions, Bernard Siegan argues that the Court has frequently ruled both contrary to and without guidance from Constitutional meaning and purpose. He concludes that the U.S. Supreme Court has increasingly become more the maker than the interpreter of fundamental law. The author offers a detailed analysis of the Constitution and numerous Supreme Court cases involving controversial issues ranging from the line between federal and state powers to the validity of measures according to preferential treatment for minorities and women. The book is essential reading for everyone interested in understanding the differences between activist and literalist traditions in the high court. |
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... authority of governmental branches and agencies and deline- ates federal and state powers . In intellectual and cultural matters , it protects most kinds of expression from any regulation ; it determines the sectarian content of ...
... authority at the expense of state powers . Obviously missing from our Constitution is a set of rules on how it should be construed . In lieu of any provision to the contrary , the Constitu- tion should be interpreted similarly to any ...
... authority to five of nine people who , at any one time , happen to occupy the highest judicial seats of power . They would then have unlimited power to define contemporary values and concerns , an exercise that is highly subjective ...
... authority Congress actually possesses and how much is reserved to the states . The federal government was considered to be one of limited and enumerated powers , with Congress having only those powers delegated to it , either ...
... authority to enact measures not specifically mentioned . These representations were very important in the history of our nation , for as James Madison maintained , had the people believed that the neces- sary and proper clause or any ...