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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... regulation ; it determines the sectarian content of education in the public schools and decides the amount of ... regulate the acquisition , use , and disposition of private property and , therefore , the validity of local zoning ...
... regulate stages on the post road ; to establish a university ; to encourage , by proper premiums and provisions , the advancement of useful knowledge and discoveries ; to provide for open- ing and establishing canals ; to emit bills on ...
... regulations for the government of armies ; " a like remark is applica- ble to the powers as to the navy . The regulation and calling out of militia are more appurtenant to war than the proposed Bank to borrowing ; yet the former is not ...
... regulate commerce ; to declare and conduct a war ; and to raise and support armies and navies . The sword and the purse , all the external relations , and no inconsiderable portion of the industry of the na- tion , are entrusted to its ...
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