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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... terms in office , each may exert more influence over the nation than any other of- ficial in government , including the president . Little cause for complaint might exist , if in exercising its power , the Court was merely implementing ...
... terms such as privileges and immunities , due process , and equal protection are sufficiently open ended to allow the judiciary great latitude in definition . Even in the ab- sence of these and other malleable provisions , the ...
... term leases become longer as lawyers seek to improve the language of provisions that are less explicit than they originally seemed . Hamilton and Madison gave a certain meaning to the necessary and proper clause , and they were probably ...
... , according to the natural and obvious force of the terms and the context , be limited to means necessary to the end , and incident to the nature of the specified powers . The clause is in fact merely declaratory of what would Federalism.
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