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. |
搜尋書籍內容
第 1 到 5 筆結果,共 25 筆
... grant charters of incorporation ; to create seminaries for the promotion of literature and the arts ; to establish public institutions , rewards , and immunities for the promotion of agriculture , commerce , trades , and manufactures ...
... grant expressed in the instru- ment of the union . " 14 Every power not delegated to the general government was reserved and retained by the states or the people . The speakers were , after all , the men who had drafted the instrument ...
... grant charters of incorporation , and that the necessary and proper clause added nothing substantial to Congress ' powers . The latter provision , Randolph urged , should be considered " as among the surplusage which has often proceed ...
... grant of power would be nugatory . .. ." In an opinion that seems totally inconsistent with the position that he took in The Federalist No. 33 , Hamilton asserted " that the principles of construction like those espoused by the ...
... grant or refuse to these the privilege ( a free and irrevocable gift to the proposed Bank ) of using their notes in the Federal Revenue.22 McCulloch v . Maryland In 1811 , the bank's twenty 10 The Supreme Court's Constitution.