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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... objects , as war , peace , negotiation , and foreign commerce ; . . .The powers reserved to the several States will extend to all the objects which , in the ordinary course of affairs , concern the lives , liberties , and properties of ...
... object of that power , must be the criterion of constitutionality not the more or less of necessity or utility . 20 This was the kind of interpretation that the anti - Federalists warned would be made , part of the " virulent invective ...
... objects .... Mark the reasoning on which the validity of the bill depends . To borrow money is made the end , and the ... object within the whole compass of political economy . The latitude of interpretation required by the bill is ...
... objects entrusted to the government . " The degree of necessity is largely a matter for the legislature with only a very limited role for the courts . Thus he rejected Madison's and Jefferson's argument that the Constitution authorizes ...
... objects designated , and the minor ingre- dients which composed those objects be deduced from the nature of the objects ... object is ex- cepted , take upon themselves the burden of establishing that exception.25 On this basis , the ...