Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
From inside the book
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Page 56
... majority of those governed is the core of the American governmental system . Just as obviously , however , that cannot be the whole story , since a majority with untrammeled power to set governmental policy is in a position to deal ...
... majority of those governed is the core of the American governmental system . Just as obviously , however , that cannot be the whole story , since a majority with untrammeled power to set governmental policy is in a position to deal ...
Page 183
... majority of abandoning sound reasoning and stare decisis due to the " hydraulic pressure ' of public opinion . " 37 A year after Payne , its six - Justice majority split 3-3 in Planned Parenthood v . Casey 38 over whether to overrule ...
... majority of abandoning sound reasoning and stare decisis due to the " hydraulic pressure ' of public opinion . " 37 A year after Payne , its six - Justice majority split 3-3 in Planned Parenthood v . Casey 38 over whether to overrule ...
Page 389
... majority of the whole number of Electors appointed ; and if no person have such majority , then from the persons having the highest numbers not exceeding three on the list of those voted for as President , the House of Representatives ...
... majority of the whole number of Electors appointed ; and if no person have such majority , then from the persons having the highest numbers not exceeding three on the list of those voted for as President , the House of Representatives ...
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 |