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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... language makes such an outcome to some degree unavoidable . As we shall see in chapter 3 , the Thirty - ninth Congress , which framed the fourteenth amendment , was well aware that terms such as privileges and immunities , due process ...
... language such as would be contained in a Bill of Rights . In fact , said Hamilton ( in No. 84 ) , the addition of a Bill of Rights might lead to the imposition of authority that never existed : For why declare that things shall not be ...
... language , which often exposes the same sentence to different constructions . " : This is the learning of constitutional , as well as other areas of law . I know of no experienced lawyers who , in negotiating contracts or other legal ...
... language that the result is a form of blank check to future interpreters — the individuals who , for a variety of reasons , happen to be Justices of the Supreme Court at the time the language is subject to litigation . The myriad of ...
... language was more or less expansive than required , given the limita- tions of the space devoted to it is a matter of judgment about which lawyers might reasonably differ . The purpose of the language , however , is far less open to ...