The Supreme Court's Constitution: An Inquiry Into Judicial Review and Its Impact on SocietyTransaction Publishers - 215 頁 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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... Constitution . Includes index . 1. United States - Constitutional law - Interpretation and construction . 2. Judicial review - United States . 3. United States . Supreme Court . I. Title . KF4550.S48 1986 342.73'02 ISBN 0-88738-127-8 ...
... Constitution ; yet that document does not specifically empower it to exercise judicial review over either federal or state legislation . Nor , assuming such power was intended , does the Constitution provide guidance on how it should be ...
... Constitution , governing the entire nation , totals only fifteen book - size pages . Many provisions are short , eloquently stated , and sufficiently ambiguous to allow an interpretation that was not intended . Constitutional commen ...
... Constitution . For example , compara- ble judicial experience is evident in the interpretation given both the crimi- nal law protections of the Bill of Rights and the commerce clause of article I , section 8. With respect to construing ...
... Constitution in the government of the United States , or any department or offices thereof . " While the accounts of the 1787 Constitutional Convention are silent on the meaning of the necessary and proper power , the Federalists , the ...