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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... limited and enumerated powers , with Congress having only those powers delegated to it , either specifically or by necessary implication . Powers not delegated remained with either the states or the people . Thus , the national ...
... limited authority over their popu- lace.2 Ratification of the Constitution required approval by conventions in nine of the thirteen states . The vote in four states was very close : Mas- sachusetts , 187 to 168 , New Hampshire , 57 to ...
... limited in power . If , as is now the situation , the states ' powers had in most areas been subordinate to those of the national legislature , why was it necessary in section 8 to spell out the powers of Congress ? Why did the Framers ...
... limiting of national authority . In South Carolina , the convention declared that " no Section or paragraph of the said Consti- tution warrants a Construction that the states do not retain every power not expressly relinquished by them ...
... according to the natural and obvious force of the terms and the context , be limited to means necessary to the end , and incident to the nature of the specified powers . The clause is in fact merely declaratory of what would Federalism.