The Supreme Court and the Decline of Constitutional AspirationHow should the U.S. Constitution be interpreted, and upon what philosophical basis? What were the intentions of its framers concerning judicial interpretation? the doctrine of natural rights? the finality of Supreme Court decisions? To what extent are these intentions relevant to modern politics and jurisprudence? These and other issues are given a balanced and fresh treatment in Professor Jacobsohn's timely study. |
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Page 123
... Congress over the president's power to remove major executive appointees . Most of the discussion focused upon whether a bill that conferred upon the president the authority unilaterally to remove the head of the department of foreign ...
... Congress over the president's power to remove major executive appointees . Most of the discussion focused upon whether a bill that conferred upon the president the authority unilaterally to remove the head of the department of foreign ...
Page 129
... Congress and the Court One's perspective on finality illuminates the issue of institutional responsibility in the determination of constitutional meaning . From one perspective , which we might refer to as declaratory , or static , the ...
... Congress and the Court One's perspective on finality illuminates the issue of institutional responsibility in the determination of constitutional meaning . From one perspective , which we might refer to as declaratory , or static , the ...
Page 167
... Congress v . The Supreme Court , 81 . 25. Quoted in Edward S. Corwin , Court Over Constitution : A Study of Judicial Review as an Instrument of Popular Government , 48 . 26. Ibid . , 50 . 27. Berger , Congress v . The Supreme Court ...
... Congress v . The Supreme Court , 81 . 25. Quoted in Edward S. Corwin , Court Over Constitution : A Study of Judicial Review as an Instrument of Popular Government , 48 . 26. Ibid . , 50 . 27. Berger , Congress v . The Supreme Court ...
Contents
Modern Jurisprudence and the Transvaluation | 37 |
Making Sense of the Unwritten Constitution | 74 |
Abraham Lincoln On This Question of Judicial | 95 |
Copyright | |
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The Supreme Court and the Decline of Constitutional Aspiration Gary J. Jacobsohn Limited preview - 1986 |
Common terms and phrases
Amendment American appeal argued argument authority Berger Bickel Carolene Products Co chapter claim commitment common law conception Congress congressional consti constitutional adjudication constitutional aspiration constitutional interpretation constitutional jurisprudence constitutional law constitutional theory constitutionality contemporary context Corwin debate Declaration of Independence doctrine document Dred Scott decision Dworkin eighteenth century Ely's embodied enforcement example Federalist Federalist number founders framers fundamental law Grey Hamilton human Ibid ideals important institutions intent interpretivism issue James Wilson Jefferson John Hart Ely judges judicial decisions judicial finality judicial review judiciary jurisprudential jury legal philosophy legislative legislature liberal Lincoln Madison Marshall ment natural justice natural law natural rights noninterpretive number 78 obligation opinion philosophy political position positivism Pound principles of natural Raoul Berger rejection response role Ronald Dworkin Roscoe Pound scientific slavery social society specific substantive Supreme Court tion tional truths tutional ultimately understanding unwritten constitution written