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. |
Результаты поиска по книге
Результаты 1 – 3 из 20
Стр. 48
... ratifiers would have agreed that it existed ; if the ratifiers believed that racially segregated schools were consistent with the Equal Protection Clause , then judges should not interfere . Anything else , originalists say , is ...
... ratifiers would have agreed that it existed ; if the ratifiers believed that racially segregated schools were consistent with the Equal Protection Clause , then judges should not interfere . Anything else , originalists say , is ...
Стр. 51
... ratifiers deemed consistent with the clause- dressing in knee breeches and a powdered wig — would be in- consistent with today's understanding of the language . Should an originalist judge , exercising fidelity to the ratifiers ' under ...
... ratifiers deemed consistent with the clause- dressing in knee breeches and a powdered wig — would be in- consistent with today's understanding of the language . Should an originalist judge , exercising fidelity to the ratifiers ' under ...
Стр. 57
... ratifiers thought were unjustified will soon lose fit . The discriminatory practices the ratifiers focused on will lose their practical significance , and new ones will take their place . If equal protection is to continue to protect ...
... ratifiers thought were unjustified will soon lose fit . The discriminatory practices the ratifiers focused on will lose their practical significance , and new ones will take their place . If equal protection is to continue to protect ...
Содержание
What Doctrine Is For | 22 |
Romer Lawrence and Goodridge | 91 |
Kelo v City of New London | 133 |
Авторские права | |
Не показаны другие разделы: 5
Другие издания - Просмотреть все
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 |
Часто встречающиеся слова и выражения
abortion activist affirmative action allow American anti-deferential applications appropriate argued argument asserted Black Brown burdens Bush Casey chapter citizens claim commerce Congress consensus constitutional meaning costs and benefits Court's decision critics decide deference deferential detainees discrimination discuss dissenting doctrinal rule doctrinal test doctrine and meaning Dred Scott Due Process Clause Eighth Amendment enforcement Equal Protection Clause Establishment Clause Executive fact factors federal government Florida Florida Supreme Court Fourteenth Amendment gay marriage gays and lesbians Gore Hamdi homosexual Ibid illegitimate interest issue judges judgment judicial activism Justice justified Kelo Korematsu Lawrence legislative legislature legitimacy legitimate liberty Lochner Mark Levin Men in Black ment Miranda opinion originalists plain meaning Plessy political prohibits provision punishment question racial minorities Rasul ratifiers reason religious Romer Scalia segregation speech standard stitution strict scrutiny substantial suggest tion tution understanding University Press uphold violated vote women