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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Resultados 1-5 de 47
... thought to be at the center of our public lives.” Their holdings on abortion—especially recent lower-court decisions on prohibitions of partial-birth abortion, at a point where the act is indistinguishable from infanticide—have cast ...
... thought to be a distinctive American value, what Justice Black called 'the right of each man to participate in the self government of his society.'” Repudiation of various judicial doctrines is necessary to help prevent the United ...
... thought about that problem. Is this not a concession that the Court's rulings in favor of moral subjectivism are adrift from the constitutional text, as understood by the “framers” (that is, those who put the text into the Constitution)? ...
... thought that the right to abortion will find no protection among those who are asking the Court to abolish the right to abortion. It is possible, however, to read the first paragraph, not as painfully selfevident, but as evocative. This ...
... thought, for an opening paragraph. The nature of the struggle and of the potential calamity can be identified in due course. These broad considerations are not, however, identified in the next section of the opinion, which explains the ...
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 |