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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... give cred- ibility to the ratification process . Concern over the extent of national powers is evident in the ratification documents on which seven states based their adoption of the proposed Constitution . Four contain clarification of ...
... give great facility or convenience in the collection of taxes . Suppose this were true : yet the Constitution allows only the means which are " necessary , " not those which are merely " convenient " for effecting the enumerated powers ...
... give a liberal latitude to the exercise of the specified powers .... [ The alternative ] construction would beget endless uncertainty & embarrass- ment . The cases must be palpable & extreme in which it could be pro- nounced with ...
... give facility to the obtaining of loans " .... If , again , Congress by virtue of the power to borrow money , can create the ability to lend , they may , by virtue of the power to levy money , create the ability to pay it . The ability ...
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