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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... meaning and purpose . It has been more the maker than the interpreter of the law . In this nation , constitutions are unique among legal papers in one im- portant respect ; they are specially drafted documents that allow inter- preters ...
... meaning and objective have been resolved , this approach leaves room for judicial discretion solely within prescribed limits . It is most consistent with the notion that justice demands the rule of law and not of individuals . By ...
... meaning of the necessary and proper power , the Federalists , the supporters of the Constitution in the ratification debates of 1787-89 , minimized its scope . All it did , they claimed , was enable Congress to implement its enumerated ...
... meaning is the text itself . Thereafter are the debates of the Framers while in session . The ratification debates also may provide pertinent information particularly when there is agreement on the issue . In The Federalist Papers both ...
... meaning of the clause , their explanation was only an opinion about the definition of words that do not have meanings universally accepted . Other public figures held different opinions , and in time , as we shall see , the final ...