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 63
... Marshall , following Hamilton , insisted that " Courts are mere instruments of the law and can will nothing . " 31 For those who see Marshall's judicial accomplishments as the realization of the chief justice's own particular political ...
... Marshall , following Hamilton , insisted that " Courts are mere instruments of the law and can will nothing . " 31 For those who see Marshall's judicial accomplishments as the realization of the chief justice's own particular political ...
Page 64
... Marshall's opinion begins with a statement about the judicial role in constitutional interpretation , one to which Professor Berger might give hearty assent . In it he addresses himself to the principles of construction that ought to be ...
... Marshall's opinion begins with a statement about the judicial role in constitutional interpretation , one to which Professor Berger might give hearty assent . In it he addresses himself to the principles of construction that ought to be ...
Page 157
... Marshall , 194 . 34. Berger , Government by Judiciary , 253 . 35. Ibid . The quotation is from Felix Frankfurter , “ John Marshall and the Judicial Function , " 225. For a discussion of Frankfurter's thoughts on Marshall , see Gary J ...
... Marshall , 194 . 34. Berger , Government by Judiciary , 253 . 35. Ibid . The quotation is from Felix Frankfurter , “ John Marshall and the Judicial Function , " 225. For a discussion of Frankfurter's thoughts on Marshall , see Gary J ...
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 |
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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