Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
From inside the book
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... Supreme Court , the Jus- tices debate and publish controversial opinions on how the Constitution should be interpreted . These opinions frequently become the focal point of public debates about constitutional interpretation . In the ...
... Supreme Court , the Jus- tices debate and publish controversial opinions on how the Constitution should be interpreted . These opinions frequently become the focal point of public debates about constitutional interpretation . In the ...
Page 5
... Supreme Court sparked a firestorm of criticism and aggravated sectional divisions on the eve of the Civil War . Some modern critics of recent liberal judicial activism see in Dred Scott an object lesson in the evils of departing from ...
... Supreme Court sparked a firestorm of criticism and aggravated sectional divisions on the eve of the Civil War . Some modern critics of recent liberal judicial activism see in Dred Scott an object lesson in the evils of departing from ...
Page 36
... court ; it is a mandatory goal . I view it as an intrinsic aspect of the " Supreme Court " established by article III . To say that each member of that Court takes an oath to support the Constitution as he sees it , not as others see it ...
... court ; it is a mandatory goal . I view it as an intrinsic aspect of the " Supreme Court " established by article III . To say that each member of that Court takes an oath to support the Constitution as he sees it , not as others see it ...
Contents
Part I | 1 |
The Relevance of Theory to Recent Events | 10 |
The Judicial Function and the Idea of Principled | 17 |
Copyright | |
34 other sections not shown
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Common terms and phrases
American approach to constitutional argues argument aspirations Bork Bork's Cass Sunstein choice claim clause conception Congress conservative consti constitutional adjudication constitutional interpretation constitutional law constitutional theory constitutionally Critical Legal Studies critique debate decisionmaking decisions democracy democratic dissenting doctrine due process economic equal protection equal protection clause federal feminist Fiss Fourteenth Amendment framers fundamental gender governmental HARV individual rights interpretivism issues John Hart Ely judges judicial review jurisprudence Justice Laurence Tribe Law School legislative legislature liberal liberty majoritarian majority meaning ment Michelman moral neutral nonoriginalist norm original intent original understanding originalist overruling particular Perry perspective political pragmatism pragmatist President principles problem Professor question racial ratified reason Rehnquist republican Richard Richard Posner role rules Scalia scholars sex discrimination social society stare decisis structure substantive Sunstein Supreme Court Suzanna Sherry theorists tion tional tradition Tushnet tutional United vote women YALE L.J.
References to this book
To Secure These Rights: The Declaration of Independence and Constitutional ... Scott Douglas Gerber No preview available - 1996 |