The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 44
... argument somewhat , was not itself commerce , but was only something connected with commerce . Congress had been given no power to regulate anything but com- merce itself . Hence , it was said , general regulations of shipping were ...
... argument somewhat , was not itself commerce , but was only something connected with commerce . Congress had been given no power to regulate anything but com- merce itself . Hence , it was said , general regulations of shipping were ...
Página 65
... Argument could never have done it ; the arguments in the affirmative seemed good to millions , but the arguments in the negative seemed good to other millions , and there is no reason for supposing that the first could have coerced the ...
... Argument could never have done it ; the arguments in the affirmative seemed good to millions , but the arguments in the negative seemed good to other millions , and there is no reason for supposing that the first could have coerced the ...
Página 114
... argument that opens the doors of the jail and the school , for egress and ingress respectively , is deeply , incurably suspect . The postulate is wrong , to all points of the compass . Men can be soft - headed , arguments can be merely ...
... argument that opens the doors of the jail and the school , for egress and ingress respectively , is deeply , incurably suspect . The postulate is wrong , to all points of the compass . Men can be soft - headed , arguments can be merely ...
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