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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... proposed the Bill of Rights . The primary source of original 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 ...
... proposed Constitution to the federal government are few and defined " and that those which are to remain in the State governments are numerous and indefi- nite . The former will be exercised principally on external objects , as war ...
... for circulation as currency ) ; and to make sumptuary laws . Each of these proposals was introduced and either voted down or not further considered outside of committee . Such an outcome is to be expected given the political Federalism.
... proposed Constitution . Four contain clarification of these powers and five urged amendments to ensure limiting of national authority . In South Carolina , the convention declared that " no Section or paragraph of the said Consti ...
... propose amendments to the Constitution that would limit the national powers to those " expressly delegated " ( Mas- sachusetts and Rhode Island ) , " expressly and particularly delegated " ( New Hampshire ) , or " delegated " ( North ...