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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... Proper Clause 2. Paper Money and Legal Tender 3. Economic and Property Rights 4. Classification on the Basis of Race : Education and Preferential Treatment 5. The Establishment of Religion Clause 6. Gender 7. Abortion and Sexual Privacy ...
... 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 ...
... proper clause or any other provision significantly enlarged the federal power beyond what was specifically stated , the Constitution might never has been ratified . 1 While much contemporary opinion preferred a stronger national ...
... proper clause , he asserted in No. 44 that " [ w j ithout the substance of this power , the whole Constitution would be a dead letter , " explaining , [ H ] ad the convention attempted a positive enumeration of the powers neces- sary ...
... proper clause may have persuaded some but clearly not all of the public , and understandably so . Even if Hamilton and Madison had correctly explained the intended meaning of the clause , their explanation was only an opinion about the ...