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 84.
3. lappuse
... Court nominees were asked to comment on it. But 1987 also marked the end of an era. Social conservatives, who had long complained of judge-made rights, anticipated that Reagan-era judicial appointments would reshape the federal judiciary ...
... Court nominees were asked to comment on it. But 1987 also marked the end of an era. Social conservatives, who had long complained of judge-made rights, anticipated that Reagan-era judicial appointments would reshape the federal judiciary ...
4. lappuse
... Court doctrine. Any analysis of the ... federal legislation.15 Third, elected officials sometimes speak the first and last word on the Constitution's meaning. On impeachment, executive privilege, war powers, and many other issues, courts ...
... Court doctrine. Any analysis of the ... federal legislation.15 Third, elected officials sometimes speak the first and last word on the Constitution's meaning. On impeachment, executive privilege, war powers, and many other issues, courts ...
10. lappuse
... courts and damage the judiciary as an institution. Judicial duties, he said ... federal judge Robert H. Bork wrote in 1990, “The Constitution is the trump ... courts, not for Congress. In 1997, Senator Arlen Specter called the Court “the ...
... courts and damage the judiciary as an institution. Judicial duties, he said ... federal judge Robert H. Bork wrote in 1990, “The Constitution is the trump ... courts, not for Congress. In 1997, Senator Arlen Specter called the Court “the ...
11. lappuse
... judiciary, distort the holding in Marbury, and conflict with what we know about ... courts. Congress resorted to that practice four times from 1985 to 1996, and ... federal troops into Little Rock to enforce Brown v. Board of Education ...
... judiciary, distort the holding in Marbury, and conflict with what we know about ... courts. Congress resorted to that practice four times from 1985 to 1996, and ... federal troops into Little Rock to enforce Brown v. Board of Education ...
12. lappuse
... Court provides an answer, which becomes one part of the mix of forces that shape the meaning of the Constitution. Only in recent decades has the Supreme Court ... federal judiciary is supreme in the exposition of the law of the Constitution.” ...
... Court provides an answer, which becomes one part of the mix of forces that shape the meaning of the Constitution. Only in recent decades has the Supreme Court ... federal judiciary is supreme in the exposition of the law of the Constitution.” ...
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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Bieži izmantoti vārdi un frāzes
1st Sess abortion administration affirmative action American appointments approved argued Att’y 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 Court’s 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