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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第 1 到 5 筆結果,共 38 筆
... question of how much discretion courts should have in departing from the document's original meaning . Because no abso- lute answer to this question exists , omitting the restraint of strict con- struction accords immense authority to ...
... question the essential powers of the Union . " ' These arguments were consistent with the general position taken by the Federalists . They vehemently denied that the Constitution created an om- nipotent national government that could ...
... question . Any other interpretation suggests that the Federalists were perpetuating a gigantic hoax in the ratification debates . The Federalists repeated over and over the argument that , as James Wilson expressed it , " the ...
... question , the issue turned on whether the necessary and proper clause created or implied sufficient authority to permit Congress to pass the Bank Bill . Both Ran- dolph and Jefferson concluded that the clause did not provide this power ...
... questions . First , has Congress power to in- corporate a bank ? Second , if so , may a state tax the bank ? Without evi- dencing any doubt or hesitation . Marshall proceeded to answer the first inquiry in the affirmative and second in ...