Constitutional Interpretation, Volume 1West Publishing Company, 1996 - 1506 pages Contains Chapters 1 through 7. |
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Page 15
... legislature , and only mediately , if at all , by the judiciary . *** The constitution and the right of the legislature to pass the act , may be in collision ; but is that a legitimate subject for judicial determination ? If it be , the ...
... legislature , and only mediately , if at all , by the judiciary . *** The constitution and the right of the legislature to pass the act , may be in collision ; but is that a legitimate subject for judicial determination ? If it be , the ...
Page 17
... legislature had the authority to make the statute . This view is consistent with the British experience , which holds that courts need only decide cases on the basis of the statutes passed by Parliament . If there is a problem with the ...
... legislature had the authority to make the statute . This view is consistent with the British experience , which holds that courts need only decide cases on the basis of the statutes passed by Parliament . If there is a problem with the ...
Page 471
... legislature as follows : [ C ] ourts do not sit as Legislatures , either state or national . They cannot act as Congress does when , after weighing all the conflicting interests , state and national , it determines when and how much the ...
... legislature as follows : [ C ] ourts do not sit as Legislatures , either state or national . They cannot act as Congress does when , after weighing all the conflicting interests , state and national , it determines when and how much the ...
Contents
CHAPTER | 1 |
A THE SUPREME COURTS JURISDICTION AND | 3 |
B INSTITUTIONAL CONSTRAINTS ON THE EXERCISE | 45 |
Copyright | |
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action affirmed alleged appellate jurisdiction applied appointment Appointments Clause argument Article asserted authority BACKGROUND & FACTS branch challenge Chief Justice chokeholds citizens claim Commerce Clause commission Committee Congress congressional Constitution constitutionality contract controversy Court of Appeals criminal decide decision declared dissenting District Court doctrine due process Due Process Clause duty economic effect enacted enforce executive exercise Fifth Amendment Fourteenth Amendment function grant gress House immunity injury interest interstate commerce issue judges judgment judicial power judicial review judiciary Justice Brennan Justice Marshall justiciable L.Ed legislative legislature liberty limited ment military operation opinion party person petitioner plaintiff political present President presidential principle privilege prohibition protection purpose question reason recess recess appointment regulation rule S.Ct Senate separation of powers statute strict scrutiny Tenth Amendment tion treaty tution U.S. Supreme Court unconstitutional United validity violation vote