That Eminent Tribunal: Judicial Supremacy and the ConstitutionChristopher Wolfe Princeton University Press, 2009 M02 9 - 256 páginas The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic process? |
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... fact that the Constitution for at least the first century was generally understood to give no one branch such final authority. Phrased more positively, the legislative and executive branches and state governments have legitimate ...
... fact paint a skewed and idealized portrait of judges and courts. On the one hand, the inference of moral “expertise” from a tendency to reach the “right” answers as defined from a particular “thick” or substantive moral standpoint ...
... fact, Seidman's apology succinctly explained the deepest justifications for the Court's whole privacy jurisprudence over the last half-century, and for the Court's authority to make it. Here is Seidman's tour de force. PART 1 Suppose ...
... fact believe all sorts of things. But the justices have not been doing sociology; they have not been merely describing. They mean by these statements and others like them to articulate a theory of value. That theory is a subjective one ...
... fact of the matter is, the Constitution says no more about the [forced impregnation] than it says about abortion. There's nothing in the Fourteenth Amendment that says a word about it, nothing in the intent of the framers that we can ...
Contenido
1 | |
10 | |
20 | |
CHAPTER 3 Casey at the BatTaking Another Swing at Planned Parenthood v Casey | 37 |
The Vices of the Judges Enter a New Stage | 59 |
CHAPTER 5 Judicial Power and the Withering of Civil Society | 85 |
CHAPTER 6 The Academy the Courts and the Culture of Rationalism | 97 |
CHAPTER 7 Judicial Moral Expertise and RealWorld Constraints on Judicial Moral Reasoning | 118 |
CHAPTER 8 Toward a More Balanced History of the Supreme Court | 141 |
CHAPTER 9 Judicial Review and Republican Government Jeremy Waldron | 159 |
Supreme Legislator or Prudent Umpire? | 181 |
CHAPTER 11 The Rehnquist Court and Conservative Judicial Activism | 199 |
Index | 225 |
Otras ediciones - Ver todas
That Eminent Tribunal: Judicial Supremacy and the Constitution Christopher Wolfe Vista previa limitada - 2009 |
That Eminent Tribunal: Judicial Supremacy and the Constitution Christopher Wolfe Sin vista previa disponible - 2004 |
That Eminent Tribunal: Judicial Supremacy and the Constitution: Judicial ... Christopher Wolfe Sin vista previa disponible - 2004 |