Edition |
1st ed. |
Description |
xiv, 270 pages : illustrations, portraits ; 25 cm |
Bibliography |
Includes bibliographical references (pages 235-254) and index. |
Contents |
The people's trust. Judicial review : the democratic anomaly ; Establishing judicial review : Marbury v. Madison ; The Cherokees ; Dred Scott ; Little Rock ; A present-day example -- Decisions that work. The basic approach ; Congress, statutes, and purposes ; The executive branch, administrative action, and comparative expertise ; The States and Federalism : decentralization and subsidiarity ; Other Federal courts : specialization ; Past court decisions : stability -- Protecting individuals. Individual liberty : permanent values and proportionality ; The President, national security, and accountability : Korematsu ; Presidential power : Guantánamo and accountability. |
Summary |
Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution's text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances--an approach that will best demonstrate to the public that the Constitution continues to serve us well. |
Subject |
Judicial review -- United States.
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Judicial review. |
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United States. |
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Judicial review -- United States -- History.
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History. |
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Political questions and judicial power -- United States.
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Political questions and judicial power. |
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Separation of powers -- United States.
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Separation of powers. |
ISBN |
9780307269911 : $26.95 |
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0307269914 |
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