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 39.
xi. lappuse
... . The War Power 103 6. Privacy 127 7. Race 149 8. Speech 173 9. Religion 195 The Ongoing Dialogue 217 Notes 241 Case Index 289 Subject Index 297 This page intentionally left blank THE DEMOCRATIC CONSTITUTION This page Contents.
... . The War Power 103 6. Privacy 127 7. Race 149 8. Speech 173 9. Religion 195 The Ongoing Dialogue 217 Notes 241 Case Index 289 Subject Index 297 This page intentionally left blank THE DEMOCRATIC CONSTITUTION This page Contents.
3. lappuse
... speech that Supreme 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 ...
... speech that Supreme 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 ...
6. lappuse
... speech explain in concrete terms how Congress and the President have taken the initiative, often long before the courts, in protecting rights and liberties. In many cases, after the judiciary has defined rights and liberties in a ...
... speech explain in concrete terms how Congress and the President have taken the initiative, often long before the courts, in protecting rights and liberties. In many cases, after the judiciary has defined rights and liberties in a ...
10. lappuse
... speech responded to critics who opposed giving power to a commission to investigate abuses by railroads. He feared that without such powers in the hands of a commission, these divisive issues would flow into the courts and damage the ...
... speech responded to critics who opposed giving power to a commission to investigate abuses by railroads. He feared that without such powers in the hands of a commission, these divisive issues would flow into the courts and damage the ...
17. lappuse
... speech critical of the government) as patently unconstitutional, used his pardon power to discharge “every person under punishment or prosecution under the sedition law.”44 Andrew Jackson announced his own theory of coordinate ...
... speech critical of the government) as patently unconstitutional, used his pardon power to discharge “every person under punishment or prosecution under the sedition law.”44 Andrew Jackson announced his own theory of coordinate ...
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