The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 58
... thought them unwise but because they thought them unconstitutional - outside the powers granted by the Constitu- tion to Congress , or forbidden by the prohibitions placed on Con- gress [ or , in some cases , the states ] by the ...
... thought them unwise but because they thought them unconstitutional - outside the powers granted by the Constitu- tion to Congress , or forbidden by the prohibitions placed on Con- gress [ or , in some cases , the states ] by the ...
Página 109
... thought , as the permanent and all - dominating judicial evil , which can be guarded against only by restraint in all ways and at all times . " The Court made some bad and dangerous mistakes in in- validating Acts of Congress in the ...
... thought , as the permanent and all - dominating judicial evil , which can be guarded against only by restraint in all ways and at all times . " The Court made some bad and dangerous mistakes in in- validating Acts of Congress in the ...
Página 170
... thought - for a law that cannot be made to stick in court is just an invitation to a horse - laugh . We must , moreover , say goodbye to the concept of limited government , for nobody is going to believe in a limitation on Congress ...
... thought - for a law that cannot be made to stick in court is just an invitation to a horse - laugh . We must , moreover , say goodbye to the concept of limited government , for nobody is going to believe in a limitation on Congress ...
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