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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第 1 到 5 筆結果,共 51 筆
... Little cause for complaint might exist , if in exercising its power , the Court was merely implementing Constitutional mandates . Although majority opinions usually assert that the Justices are doing no more than that which the ix I.
... asserting that " it may be affirmed with perfect confidence that the constitutional operation of the intended government would be precisely the same if these clauses were entirely obliterated as if they were repeated in every article ...
... asserted in No. 44 that " [ w j ithout the substance of this power , the whole Constitution would be a dead letter , " explaining , [ H ] ad the convention attempted a positive enumeration of the powers neces- sary and proper for ...
... asserted the latter would be more important than the former . The form of government contemplated by the Constitution consists of " local and municipal authorities [ that ] form dis- tinct and independent portions ... no more subject ...
... asserted " that the principles of construction like those espoused by the Secretary of State and Attorney General would be fatal to the just and indispensable authority of the United States . " As for the necessary and proper clause ...