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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An Inquiry Into Judicial Review and Its Impact on Society Bernard H. Siegan. The SUPREME COURT'S Constitution An Inquiry into Judicial Review and its Impact on Society THE SUPREME COURT'S CONSTITUTION THE SUPREME COURT'S CONSTITUTION An ...
... Judicial review - United States . 3. United States . Supreme Court . I. Title . KF4550.S48 1986 342.73'02 ISBN 0-88738-127-8 347.3022 ISBN 0-88738-671-7 ( pbk . ) 86-16190 Contents Introduction 1. Federalism , Implied Powers , and the.
An Inquiry Into Judicial Review and Its Impact on Society Bernard H. Siegan. Contents Introduction 1. Federalism , Implied Powers , and the Necessary and Proper Clause 2. Paper Money and Legal Tender 3. Economic and Property Rights 4 ...
... judicial opportunism . Chapter 1 discloses how , in one decision , Chief Justice John Marshall changed the system of government in the United States by greatly increasing national authority at the expense of state powers . Obviously ...
... judicial discretion solely within prescribed limits . It is most consistent with the notion that justice demands the rule of law and not of individuals . By comparison , those who refuse to be bound " by the hand of the past " confront ...