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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... tion is subordinate to that of the Supreme Court . While this result would seem highly objectionable in a democratic society , constitutional language makes such an outcome to some degree unavoidable . As we shall see in chapter 3 , the ...
... tion ? Despite this problem with interpretation , it is difficult to contest Hamilton's and Madison's conclusions that the federal government was to be very limited in power . If , as is now the situation , the states ' powers had in ...
... tion.15 These recommendations were subsequently embodied in the tenth amendment which , however , does not contain the word expressly , a fact leading Chief Justice Marshall to contend that its Framers ( the first Con- gress ) did not ...
... tion , are entrusted to its government . It can never be pretended that these vast powers draw after them others of inferior importance , merely because they are inferior . . . . But it may with great reason be contended , that a ...
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