The Myth of Judicial Activism: Making Sense of Supreme Court DecisionsYale University Press, 2006 - Всего страниц: 262 This carefully considered book is a welcome addition to the debate over "judicial activism.” Constitutional scholar Kermit Roosevelt III offers an elegantly simple way to resolve the heated discord between conservatives, who argue that the Constitution is immutable, and progressives, who insist that it is a living document that must be reinterpreted in new cultural contexts so that its meaning evolves. Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document. Recent years have witnessed an increasing drumbeat of complaints about judicial behavior, focusing particularly on Supreme Court decisions that critics charge are reflections of the Justices’ political preferences rather than enforcement of the Constitution. The author takes a balanced look at these controversial decisions through a compelling new lens of constitutional interpretation. He clarifies the task of the Supreme Court in constitutional cases, then sets out a model to describe how the Court creates doctrine to implement the meaning of the Constitution. Finally, Roosevelt uses this model to show which decisions can be justified as legitimate and which cannot. |
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Стр. 121
... argument that the federal government has exceeded the power granted to it under the Constitution is in fact a due process argument— and a substantive due process one at that . Recently , it has been federalists and conservatives who ...
... argument that the federal government has exceeded the power granted to it under the Constitution is in fact a due process argument— and a substantive due process one at that . Recently , it has been federalists and conservatives who ...
Стр. 205
... argument here relied on the Due Process Clause of the Fifth Amendment . But it was not an argument that the Due Process Clause protected fundamental rights that the gov- ernment could not infringe , the kind of argument used to dis ...
... argument here relied on the Due Process Clause of the Fifth Amendment . But it was not an argument that the Due Process Clause protected fundamental rights that the gov- ernment could not infringe , the kind of argument used to dis ...
Стр. 240
... argument , the gov- ernment advised us that its position would be the same even if the claims were that it was engaging in acts of torture or that it was summarily execut- ing the detainees . " ) . 34. In re Guantanamo Detainee Cases ...
... argument , the gov- ernment advised us that its position would be the same even if the claims were that it was engaging in acts of torture or that it was summarily execut- ing the detainees . " ) . 34. In re Guantanamo Detainee Cases ...
Содержание
What Doctrine Is For | 22 |
Romer Lawrence and Goodridge | 91 |
Kelo v City of New London | 133 |
Авторские права | |
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The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt Ограниченный просмотр - 2006 |
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt Ограниченный просмотр - 2008 |
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt, III Недоступно для просмотра - 2008 |
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