Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
From inside the book
Results 1-3 of 59
Page 2
... federal and state laws ; ( 2 ) the insti- tution of an unelected , life - tenured federal judiciary in a representative de- mocracy ; and ( 3 ) the presence in the Constitution of many broadly phrased clauses , such as " freedom of ...
... federal and state laws ; ( 2 ) the insti- tution of an unelected , life - tenured federal judiciary in a representative de- mocracy ; and ( 3 ) the presence in the Constitution of many broadly phrased clauses , such as " freedom of ...
Page 155
... federal regulation , 21 the Garcia Court rejected as unworkable National League of Cities's test for judicial enforcement of federal- ism - based limitations on Congress ' commerce power . Writing for the majority , Justice Blackmun ...
... federal regulation , 21 the Garcia Court rejected as unworkable National League of Cities's test for judicial enforcement of federal- ism - based limitations on Congress ' commerce power . Writing for the majority , Justice Blackmun ...
Page 165
... federal trial judge is subject to reversal by a federal appeals court . A federal appeals judge needs at least one ally , since fed- eral appeals court panels typically consist of three judges . A federal ap- peals court panel is ...
... federal trial judge is subject to reversal by a federal appeals court . A federal appeals judge needs at least one ally , since fed- eral appeals court panels typically consist of three judges . A federal ap- peals court panel is ...
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
Other editions - View all
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 |