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 28.
ix. lappuse
... Judicial Exclusivity and Political Instability” (84 Virginia Law Review 85 (1998)). September 12, 2003 This page intentionally left blank 10. Contents Introduction 3 1. PREFACE ix.
... Judicial Exclusivity and Political Instability” (84 Virginia Law Review 85 (1998)). September 12, 2003 This page intentionally left blank 10. Contents Introduction 3 1. PREFACE ix.
3. lappuse
... Supreme Court interpretations controlled the Constitution's application was not ... judicial appointments would reshape the federal judiciary. Likewise, the ... review of this book that the best way to examine the impact and quality of ...
... Supreme Court interpretations controlled the Constitution's application was not ... judicial appointments would reshape the federal judiciary. Likewise, the ... review of this book that the best way to examine the impact and quality of ...
13. lappuse
... Supreme Court the power to declare unconstitutional an act of Congress, the President, or state government. Judicial review is implied in certain language in ... judicial review, they generally referred to JUDICIAL SUPREMACY AS ORTHODOXY 13.
... Supreme Court the power to declare unconstitutional an act of Congress, the President, or state government. Judicial review is implied in certain language in ... judicial review, they generally referred to JUDICIAL SUPREMACY AS ORTHODOXY 13.
14. lappuse
... courts would have the power to strike down invalid state laws.28 Other delegates favored judicial review over state laws. State actions inconsistent with the Constitution “would clearly not be valid,” said Gouverneur Morris, and judges ...
... courts would have the power to strike down invalid state laws.28 Other delegates favored judicial review over state laws. State actions inconsistent with the Constitution “would clearly not be valid,” said Gouverneur Morris, and judges ...
15. lappuse
... Constitutional Convention, the Justices of the Supreme Court were still uncertain whether they possessed judicial review over Congress. At most, the power appeared to be quite limited and certainly not the freewheeling judicial review ...
... Constitutional Convention, the Justices of the Supreme Court were still uncertain whether they possessed judicial review over Congress. At most, the power appeared to be quite limited and certainly not the freewheeling judicial review ...
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 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