The Supreme Court's Constitution: An Inquiry Into Judicial Review and Its Impact on Society
Transaction Publishers, 1987 - 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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Necessary. and. Proper. Clause. Federalism is an 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 ...
These representations were very important in the history of our nation, for as
James Madison maintained, had the people believed that the necessary and
proper clause or any other provision significantly enlarged the federal power
them to the necessary means, that is to say, to those means without which the
grant of power would be nugatory. ..." In an opinion that seems totally inconsistent
with the position that he took in The Federalist No. 33, Hamilton asserted "that the