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 15.
21. lappuse
... prayers in public schools, school authorities continue to set aside time during the day for students to say prayers. Local officials may prefer to reinterpret judicial decisions on church-state separation to minimize the level of ...
... prayers in public schools, school authorities continue to set aside time during the day for students to say prayers. Local officials may prefer to reinterpret judicial decisions on church-state separation to minimize the level of ...
22. lappuse
... school prayer, school busing, and abortion, and after 1995, when the Republican-controlled Congress considered measures to limit judicial activism. The judiciary is most likely to be out of step with Congress or the President during ...
... school prayer, school busing, and abortion, and after 1995, when the Republican-controlled Congress considered measures to limit judicial activism. The judiciary is most likely to be out of step with Congress or the President during ...
23. lappuse
... school prayer cases. Because of delays by House committees and filibusters on the Senate side, those efforts proved fruitless. Even when Congress reacts against a court decision by clearing an amendment for ratification by the states ...
... school prayer cases. Because of delays by House committees and filibusters on the Senate side, those efforts proved fruitless. Even when Congress reacts against a court decision by clearing an amendment for ratification by the states ...
27. lappuse
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44. lappuse
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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