The Supreme Court's Constitution: An Inquiry Into Judicial Review and Its Impact on Society
Transaction Publishers, 1987 - 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.
第 1 到 5 筆結果，共 5 筆
It has been urged that a bank will give great facility or convenience in the
collection of taxes. Suppose this were true: yet the Constitution allows only the
means which are "necessary," not those which are merely "convenient" for
effecting the ...
As for the necessary and proper clause: The whole turn of the clause containing it
, indicates, that it was the intent of the convention, by that clause to give a liberal
latitude to the exercise of the specified powers. . . . [The alternative] construction ...
The ability to pay taxes depends on the general wealth of the society, and this, on
the general prosperity of agriculture, manufactures, and commerce. Congress
then may give bounties and make regulations on all these objects. . . . Mark the ...