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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... debates of 1787-89 , minimized its scope . All it did , they claimed , was enable Congress to implement its enumerated authority , for otherwise that body could not fulfill its responsibilities . They argued that essentially the federal ...
... debates of the Framers while in session . The ratification debates also may provide pertinent information particularly when there is agreement on the issue . In The Federalist Papers both Alexander Hamilton and James Madison sought to ...
... debate on authorizing the emission of paper money . This debate makes it apparent they believed the national govern- ment possessed only such powers as the document specifically accorded it . The Constitutional Convention refused to ...
... debates . The Federalists repeated over and over the argument that , as James Wilson expressed it , " the Congressional power is to be collected ... from the positive grant expressed in the instru- ment of the union . " 14 Every power ...
... debates — a fact that is revealed in the following excerpts from McCulloch v . Maryland . A constitution , to contain an accurate detail of all the subdivisions of which its great powers will admit , and of all the means by which they ...