The Supreme Court's Constitution: An Inquiry Into Judicial Review and Its Impact on SocietyTransaction Publishers - 215ÆäÀÌÁö 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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... rules for school integration and determines the validity of measures ac- cording preferential treatment to minorities and women . In the economic sphere , it decides the extent to which government may regulate the acquisition , use ...
... rules on how it should be construed . In lieu of any provision to the contrary , the Constitu- tion should be interpreted similarly to any other legal document — that is , in accordance with the drafters ' meaning and intent . However ...
... rule of law and not of individuals . By comparison , those who refuse to be bound " by the hand of the past " confront the troublesome question of how much discretion courts should have in departing from the document's original meaning ...
... rule of law , are generally broadly drafted , permitting future interpreters to have as much control , or more control over meaning than did the original Framers . The Constitution consists of so much imprecise language that the result ...
... rule to justify the overleaping of the bounds of constitutional authority , than to govern the ordinary exercise of it .... The degree in which a measure is necessary , can never be a test of the legal right to adopt it . That must ever ...