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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... Madison maintained , had the people believed that the neces- sary and proper clause or any other provision significantly enlarged the federal power beyond what was specifically stated , the Constitution might never has been ratified . 1 ...
An Inquiry Into Judicial Review and Its Impact on Society Bernard H. Siegan. Madison was no less emphatic in castigating that which he also consid- ered distortions about the national powers . Regarding the necessary and proper clause ...
... Madison argued that the " powers delegated by the proposed Constitution to the federal government are few and defined " and that those which are to remain in the State governments are numerous and indefi- nite . The former will be ...
... Madison gave a certain meaning to the necessary and proper clause , and they were probably correct in their interpretation . They erred , however , in assuming or suggesting that other interpreters would come to a similar conclusion ...
... Madison maintained the position that he had advanced in The Federalist No. 44. When the House of Representatives originally considered the Bank Bill , Madison , then a Congressman from Virginia , opposed it , arguing that the necessary ...