Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 70
... example , a dispute may arise over a rule that requires the interpreter to look to history . Some may claim that the judge has misunderstood the history of the fourteenth amendment or that he is using a level of generality that is ...
... example , a dispute may arise over a rule that requires the interpreter to look to history . Some may claim that the judge has misunderstood the history of the fourteenth amendment or that he is using a level of generality that is ...
Page 109
... example , an amendment to allow Congress to regulate child labor failed to obtain ratification because it became clear that the Supreme Court had changed its mind on this issue . Or , to take another example , one argument against the ...
... example , an amendment to allow Congress to regulate child labor failed to obtain ratification because it became clear that the Supreme Court had changed its mind on this issue . Or , to take another example , one argument against the ...
Page 308
... example , she explains how " the success of our survival is used to delegitimize what we have survived to say " ; it ... example , she attributes to women both an unshakable knowledge of reality and an infinite capacity to be duped . To ...
... example , she explains how " the success of our survival is used to delegitimize what we have survived to say " ; it ... example , she attributes to women both an unshakable knowledge of reality and an infinite capacity to be duped . To ...
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 |