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 47 筆
... important not only in understanding the national judiciary but also in evaluating the state supreme courts , which enjoy comparable authority over their fundamental laws . 1 Federalism , Implied Powers , and the Necessary and Introduction ...
... important issue of the 1980s . It involves defining the line between federal and state powers and responsibilities . This is an issue that has troubled the nation since its inception . In the 1980s it is viewed mainly as a political ...
... important in the history of our nation , for as James Madison maintained , had the people believed that the neces- sary and proper clause or any other provision significantly enlarged the federal power beyond what was specifically ...
... important in times of war and danger ; those of the state governments , in times of peace and security . " Madison asserted the latter would be more important than the former . The form of government contemplated by the Constitution ...
... important con- siderations in interpreting any legal document . The items listed in section 8 are not set forth as examples , but rather as specific powers , and a provi- sion enabling their implementation , such as the necessary and ...