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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... intended , does the Constitution provide guidance on how it should be wielded . Nevertheless , throughout our history , the Supreme Court has exerted enormous influence over American society . In the political arena , it both defines ...
... intended . Constitutional commen- tators do not necessarily find this state of affairs disturbing : many believe in the " living constitution , " one that continually accommodates itself to cur- rent conditions . From this perspective ...
... intended government would be precisely the same if these clauses were entirely obliterated as if they were repeated in every article . " 3 Hamilton continued on to explain the necessary and proper clause : If there is any thing ...
... intended meaning of the clause , their explanation was only an opinion about the definition of words that do not have meanings universally accepted . Other public figures held different opinions , and in time , as we shall see , the ...
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