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 43.
4. lappuse
... legislative veto so popular before the Supreme Court invalidated it in INS v. Chadha (1983) explains why the device continues to be used—well over four hundred legislative vetoes have been adopted since that decision.9 The difficulties ...
... legislative veto so popular before the Supreme Court invalidated it in INS v. Chadha (1983) explains why the device continues to be used—well over four hundred legislative vetoes have been adopted since that decision.9 The difficulties ...
5. lappuse
... legislative veto, and other issues. Another misconception is the belief that the Court has a special role in safeguarding individual and minority rights, and that such duties cannot be entrusted to the elected branches with their ...
... legislative veto, and other issues. Another misconception is the belief that the Court has a special role in safeguarding individual and minority rights, and that such duties cannot be entrusted to the elected branches with their ...
14. lappuse
... Congress to exercise a veto power over state actions that violated the U.S. Constitution. Roger Sherman thought this congressional power was unnecessary because the state courts would have the power to strike down invalid state laws.28 ...
... Congress to exercise a veto power over state actions that violated the U.S. Constitution. Roger Sherman thought this congressional power was unnecessary because the state courts would have the power to strike down invalid state laws.28 ...
17. lappuse
... Congress and the President necessarily tackled, on their own, a number of ... Legislative and executive debate was informed, intense, and diligent. It had ... veto was on constitutional grounds. Thomas Jefferson, viewing the Alien and ...
... Congress and the President necessarily tackled, on their own, a number of ... Legislative and executive debate was informed, intense, and diligent. It had ... veto was on constitutional grounds. Thomas Jefferson, viewing the Alien and ...
20. lappuse
... legislative veto,” used by Congress for fifty years to control executive actions, was unconstitutional.60 Over the next two decades, however, Congress passed more than four hundred new legislative vetoes, all signed into law by ...
... legislative veto,” used by Congress for fifty years to control executive actions, was unconstitutional.60 Over the next two decades, however, Congress passed more than four hundred new legislative vetoes, all signed into law by ...
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