The Constitution in the Courts: Law or Politics?
Oxford University Press, 25. jan. 1996 - 288 strani
In the modern period of American constitutional law--the period since the U.S. Supreme Court outlawed racially segregated public schooling in Brown v. Board of Education (1954)--there has been a persistent and vigorous debate in the United States about whether the Court has merely been enforcing the Constitution or whether, instead, in the guise of enforcing the Constitution, the Court has really been usurping the legislative prerogative of making political choices about controversial issues. In this book, Professor Perry carefully disentangles and then thoughtfully addresses the various fundamental issues at the heart of the controversy: What is the argument for "judicial review"? What approach to constitutional interpretation should inform the practice of judicial review? How large or small a role should the Court play in bringing the interpreted Constitution to bear in resolving constitutional conflicts? To what extent are the Court's most controversial modern decisions--for example, decisions about racial segregation, discrimination based on sex, abortion, and homosexuality--sound; to what extent are they problematic? The Constitution in the Courts is a major contribution to one of the most fundamental controversies in modern American politics and law.
Mnenja - Napišite recenzijo
Na običajnih mestih nismo našli nobenih recenzij.
2 The Argument for Judicial Review
3 The Argument for the Originalist Approach to Judicial Review
The Indeterminacy of History
The Indeterminacy of Morality
6 Skepticism about Minimalismand about Nonminimalism Too
7 The Original Meaning of the Fourteenth Amendment
Druge izdaje - Prikaži vse
abortion according affirmative action American antidiscrimination directive approach to constitutional argument basis Bill of Rights Bork Bork's Chicago L citizens clause was meant Congress consti constitutional adjudication constitutional interpretation constitutional provision constitutional text constitutionality context decision directive represented discrimination discriminatory due process clause enacted enforce equal protection clause federal Fourteenth Amendment free exercise clause governmental action historical human immunities clause indeterminate constitutional directives issue judgment judicial minimalism judicial review Justice Justice Brennan legislation liberty McAffee ment minimalist approach moral national government Ninth Amendment nonminimalist normative minimalism ordinary politics original meaning originalist approach originalist judge originally understood particular persons political ancestors political community political-moral Posner practice of judicial premises principle privileges and immunities privileges or immunities proper judicial role protected privileges question racial ratifiers reasonableness directive relevant Robert Bork Scalia sense statute substantive due process Supreme Court Thayer Thayerian tion tional tive tutional violate worse treatment