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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... held different opinions , and in time , as we shall see , the final arbiter of meaning , the U. S. Supreme Court , would also come to a dif- ferent conclusion . " Undoubtedly " , said Chief Justice John Marshall , " there is an ...
... held Lockean position that the state is a necessary evil to which only powers essential to the common good should be granted . When language is not clear , intent and purpose become important con- siderations in interpreting any legal ...
... held jointly by the United States and private individuals . The bank would , among other things , furnish credit to the government , serve as fiscal agent to the Treasury , and issue a uniform national paper currency based on commercial ...
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