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 79.
4. lappuse
... statute than by judicial action.10 Populist resistance to Court decision making often prompts the Court to recalibrate its position, reflected in the Court's acceptance of Roosevelt's New Deal initiatives after the so-called switch in ...
... statute than by judicial action.10 Populist resistance to Court decision making often prompts the Court to recalibrate its position, reflected in the Court's acceptance of Roosevelt's New Deal initiatives after the so-called switch in ...
11. lappuse
... statutory and constitutional questions. When lawmakers find it convenient to seek cover in a Court ruling, however ... statute an expedited procedure to permit quick challenges in the courts. Congress resorted to that practice four times ...
... statutory and constitutional questions. When lawmakers find it convenient to seek cover in a Court ruling, however ... statute an expedited procedure to permit quick challenges in the courts. Congress resorted to that practice four times ...
14. lappuse
... statute that required them to serve as commissioners on claims settlement. Because their decisions could be set aside by the secretary of war, the courts were essentially issuing “advisory opinions” and serving as subordinates to ...
... statute that required them to serve as commissioners on claims settlement. Because their decisions could be set aside by the secretary of war, the courts were essentially issuing “advisory opinions” and serving as subordinates to ...
15. lappuse
... statute, this time involving the procedure for amending the Constitution.34 In that same year, several Supreme Court Justices offered a range of opinions on the existence and scope of judicial review. Justice Iredell cautioned that the ...
... statute, this time involving the procedure for amending the Constitution.34 In that same year, several Supreme Court Justices offered a range of opinions on the existence and scope of judicial review. Justice Iredell cautioned that the ...
16. lappuse
... statutory authority to issue a mandamus. Did he think that his order would be obeyed? No. Everyone, including Marshall, knew what would have happened. As Chief Justice Warren Burger has noted, “The Court could stand hard blows, but not ...
... statutory authority to issue a mandamus. Did he think that his order would be obeyed? No. Everyone, including Marshall, knew what would have happened. As Chief Justice Warren Burger has noted, “The Court could stand hard blows, but not ...
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