The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 59
... Justice whenever any Justice over seventy failed to retire , as he had a right to do , on full salary . In the practical situation then prevailing , this would have meant that President Roosevelt would have immediately had six new ...
... Justice whenever any Justice over seventy failed to retire , as he had a right to do , on full salary . In the practical situation then prevailing , this would have meant that President Roosevelt would have immediately had six new ...
Página 60
... Justice Hughes , were pivotal . Stone , Brandeis , and Cardozo had been rather consistently friendly to Congressional power , and Butler , McReynolds , Sutherland and Van Devanter re- mained unreconstructed to the end . The decisive ...
... Justice Hughes , were pivotal . Stone , Brandeis , and Cardozo had been rather consistently friendly to Congressional power , and Butler , McReynolds , Sutherland and Van Devanter re- mained unreconstructed to the end . The decisive ...
Página 198
... justice of the thing ; as to all of them , it seems obvious that there was plenty of room for argument . The opinion reads more like an oration on " natural law " than a lawyer's registering of a conclusion “ so clear that it is not ...
... justice of the thing ; as to all of them , it seems obvious that there was plenty of room for argument . The opinion reads more like an oration on " natural law " than a lawyer's registering of a conclusion “ so clear that it is not ...
Índice
The Basics of Judicial Review | 1 |
The Building Work of Judicial Review | 34 |
The Legitimating Work of Judicial Review | 56 |
Direitos de autor | |
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Palavras e frases frequentes
Act of Congress actually affirmative American applied argument basis believe Bill of Attainder Bill of Rights Chapter claim clause clear commerce common carrier concept Congressional consti constitutional decision constitutional law constitutionality construction construed deal decide declared discussion doctrine due process effect enforce equal protection establish example exercise fact federal constitutional federal courts federal law Fourteenth Amendment free speech government of limited governmental action ground guarantees Harvard Law Review institution of judicial interpretation invalid issue James Bradley Thayer judges judgment judicial activism judicial restraint judicial review judiciary jurisdiction Justice language lawyers legislative legitimacy limited powers matter means ment necessary and proper obvious opinion political possible power of Congress practical precedent President presumption prohibitions question rational doubt reason regulate rule of administration seems sense Supreme Court technical Thayer theory things thought tion tional tution U.S. Constitution U.S. Reports unconstitutional United validity violated vote whole words