The Democratic ConstitutionOxford University Press, 2004. gada 26. aug. - 320 lappuses Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights. |
No grāmatas satura
1.5. rezultāts no 75.
4. lappuse
... authority to Southern district court judges) led to mid-1960s elected branch reforms, producing more desegregation by statute than by judicial action.10 Populist resistance to Court decision making often prompts the Court to recalibrate ...
... authority to Southern district court judges) led to mid-1960s elected branch reforms, producing more desegregation by statute than by judicial action.10 Populist resistance to Court decision making often prompts the Court to recalibrate ...
11. lappuse
... authority of the Supreme Court to interpret the Constitution.13 This practice of depicting Supreme Court rulings as definitive continues.14 Journalists and reporters do much to promote judicial supremacy. When the Supreme Court issues ...
... authority of the Supreme Court to interpret the Constitution.13 This practice of depicting Supreme Court rulings as definitive continues.14 Journalists and reporters do much to promote judicial supremacy. When the Supreme Court issues ...
12. lappuse
... authority that Associate Justice John Catron informed President-elect Buchanan that, in the matter of Dred Scott, the Court would decide and settle a controversy which has so long and seriously agitated the country.18 This assertion ...
... authority that Associate Justice John Catron informed President-elect Buchanan that, in the matter of Dred Scott, the Court would decide and settle a controversy which has so long and seriously agitated the country.18 This assertion ...
14. lappuse
... authority to veto decisions rendered by federal judges.31 In 1796, the Court upheld the constitutionality of a carriage tax passed by Congress.32 If the Court had the power to uphold a congressional statute, presumably it had the power ...
... authority to veto decisions rendered by federal judges.31 In 1796, the Court upheld the constitutionality of a carriage tax passed by Congress.32 If the Court had the power to uphold a congressional statute, presumably it had the power ...
15. lappuse
... authority to say what the law is does not make the Court supreme, other than in that particular case. It also is the province and duty of Congress, in concert with the President, to say what the law is. The Court merely states what the ...
... authority to say what the law is does not make the Court supreme, other than in that particular case. It also is the province and duty of Congress, in concert with the President, to say what the law is. The Court merely states what the ...
Saturs
3 | |
9 | |
2 Who Participates? | 29 |
3 Federalism | 53 |
4 Separation of Powers | 77 |
5 The War Power | 103 |
6 Privacy | 127 |
7 Race | 149 |
8 Speech | 173 |
9 Religion | 195 |
10 The Ongoing Dialogue | 217 |
Notes | 241 |
Case Index | 289 |
Subject Index | 297 |
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1st Sess abortion administration affirmative action American appointments approved argued Atty Gen Attorney authority bill Bork brief Bush challenge Chief Justice civil rights Clinton Commerce Clause Cong congressional constitutional amendment constitutional interpretation constitutional law constitutionality Court rulings Courts debate decided declared Democrats desegregation disputes doctrine Dred Scott Earl Warren Education efforts elected branches elected government elected officials enacted example executive federal courts flag framers freedom independent counsel interest groups issue judges judicial review judicial supremacy Justice Department lawmakers legislative veto limited litigation Louis Fisher members of Congress ment military Nixon peyote pocket veto President presidential protections Public Papers Reagan recess appointments regulation Rehnquist rejected Republican resolution role Ruth Bader Ginsburg school desegregation school prayer separation of powers speech Stat statute statutory Supreme Court decisions tion tional U.S. Supreme Court unconstitutional United upheld War Powers Resolution Warren Washington Post White House