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 62.
vii. lappuse
... role in effectuating social change and, as such, call for the Court to issue “minimalist” decisions—decisions that allow popularly elected government to play a leadership role in defining constitutional norms.1 More striking, some ...
... role in effectuating social change and, as such, call for the Court to issue “minimalist” decisions—decisions that allow popularly elected government to play a leadership role in defining constitutional norms.1 More striking, some ...
viii. lappuse
... role that elected officials play in constitutional interpretation. In 1993, Devins edited Elected Branch Influences in Constitutional Decisionmaking (Law and Contemporary Problems). When the House Judiciary Committee held hearings in ...
... role that elected officials play in constitutional interpretation. In 1993, Devins edited Elected Branch Influences in Constitutional Decisionmaking (Law and Contemporary Problems). When the House Judiciary Committee held hearings in ...
5. lappuse
... role that nonjudicial actors play in shaping constitutional values, we do not argue that the Court plays but a minor role in these disputes. Quite the contrary. We agree that the Court often shapes elected government discourse and ...
... role that nonjudicial actors play in shaping constitutional values, we do not argue that the Court plays but a minor role in these disputes. Quite the contrary. We agree that the Court often shapes elected government discourse and ...
6. lappuse
... role. Chapters on race and privacy, for example, show that Brown v. Board of Education, Roe v. Wade, and other landmark Supreme Court decisions are a point of departure, not an end point, in the nation's struggle over equal educational ...
... role. Chapters on race and privacy, for example, show that Brown v. Board of Education, Roe v. Wade, and other landmark Supreme Court decisions are a point of departure, not an end point, in the nation's struggle over equal educational ...
9. lappuse
... role in forging new understandings of the Constitution—even if that means challenging unpopular Court decisions. Roots of Judicial Hegemony Justice Robert Jackson once said that decisions by the Supreme Court “are not final because we ...
... role in forging new understandings of the Constitution—even if that means challenging unpopular Court decisions. Roots of Judicial Hegemony Justice Robert Jackson once said that decisions by the Supreme Court “are not final because we ...
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