Author: Charles Grove Haines
Publisher: Theclassics.Us
ISBN: 9781230372631
Category : Judicial review
Languages : en
Pages : 128
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Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... Burgess, Political Science and Consti- tutional Law, quoted, 194, 195, 198- 199. Burr, Aaron, trial of, and resulting breach between Jefferson and Mar- shall, 219-220. Burton v. United States, criticism of decision in, 320-321. Byrne s. Stewart, case of, 76, 117-119, 192. C Calder v. Bull, case of, 163-164, 287; opinion of Justice Chase in, 289. California, recall of judges in, 341. Calvin's case, 30. Campbell v. Hall, case of, 68. Canada, judicial supremacy in, 6; dis- tinction between judicial supremacy in United States and, 7-8. Cannon, James, plan for Council of Censors attributed to, 126 n. Canon law courts, limitations placed on temporal legislation by, 21-22. Charles River Bridge case, 255-257. Chase, Justice, opinion of, in Whitting- ton r. Polk, 106-108; opinion in Calder v. Bull, 163, 289; impeachment of, 215-216. Chicago, Milwaukee A St. Paul Ry. Co. v. Minnesota, case of, 299-302. Chipman, Memoirs of Thomas Chitten- den, cited, 130. Cicero, distinction drawn by, between natural law and written law, 19. City of New York t>. Miln, case of, 252. Clark, Judge James, impeachment of, in Kentucky, 232-233. Clark, Lindley D., cited on labor laws declared unconstitutional, 331. Clark, Chief Justice Walter, address by, cited, 143; on Supreme Court's usurpation of power to declare acts of Congress unconstitutional, 336- 337. Cohens r. Virginia, case of, 224. Coke, theory of supremacy of common law courts held by, 25-34, 51; weight attached to doctrine of, by American colonies, 61-53, 71, 72; growth of doctrine in United States, 120. Cole, Justice, quoted, 293. Collins, History of Kentucky, cited, 233. Colonial precedents for American dootrine of judicial supremacy, 63-73. Colorado, recall of judges in, 342; recall of judicial...
Author: Larry Kramer
Publisher: Oxford University Press, USA
ISBN: 9780195306453
Category : History
Languages : en
Pages : 380
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Book Description
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author: William Montgomery Meigs
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 300
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Author: Keith E. Whittington
Publisher: Princeton University Press
ISBN: 1400827752
Category : Law
Languages : en
Pages : 320
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Book Description
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
Author: John Agresto
Publisher: Cornell University Press
ISBN: 1501712918
Category : Law
Languages : en
Pages : 184
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Book Description
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Author: Charles Grove Haines
Author: Charles Grove Haines
Author: Charles Grove Haines
Author: Henry Clay Keene
Author: Robert H. Jackson
Author: Edward Samuel Corwin