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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... Interpretation and construction . 2. Judicial review - United States . 3. United States . Supreme Court . I. Title . KF4550.S48 1986 342.73'02 ISBN 0-88738-127-8 347.3022 ISBN 0-88738-671-7 ( pbk . ) 86-16190 Contents Introduction 1 ...
... interpretation that was not intended . Constitutional commen- tators do not necessarily find this state of affairs disturbing : many believe in the " living constitution , " one that continually accommodates itself to cur- rent ...
... interpretation is not warranted when the Framers did not intend it . The strict constructionist solution to inter- pretation is precise , uncompromising , and best implements neutral princi- ples . According to this view , those who ...
... interpretation . They erred , however , in assuming or suggesting that other interpreters would come to a similar conclusion . This error is common in constitutional interpretation , for constitutions and amendments to them , the most ...
... interpreting any legal document . The items listed in section 8 are not set forth as examples , but rather as specific ... interpretation suggests that the Federalists were perpetuating a gigantic hoax in the ratification debates . The ...