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David S Hammer

Author: Clint Bolick
Publisher: Cato Institute
ISBN: 1933995025
Size: 77.81 MB
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An active judiciary is a key element in our government that ensures that limits are placed on executive and legislative action, constitutional rights are protected, and unelected bureaucrats are kept in check.

Principled Judicial Restraint A Case Against Activism

Author: Jerold Waltman
Publisher: Springer
ISBN: 1137486961
Size: 17.48 MB
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Like many books, this one argues for a more restrained Supreme Court. Unlike most other books, however, this one grounds that call in a fully elaborated constitutional theory that goes beyond the "counter-majoritarian difficulty."

Terms Of Engagement

Author: Clark Neily III
Publisher: Encounter Books
ISBN: 1594036977
Size: 73.77 MB
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The Constitution was designed to limit government power and protect individuals from the tyranny of majorities and interest-group politics. But those protections are meaningless without judges who are fully committed to enforcing them, and America’s judges have largely abdicated that responsibility. All too often, instead of judging the constitutionality of government action, courts simply rationalize it, as the Supreme Court did in upholding the Affordable Care Act, which represented the largest—and most blatantly unconstitutional—expansion of federal power since the New Deal. The problem lies not with the Constitution, but with courts’ failure to properly enforce it. From the abandonment of federalism to open disregard for property rights and economic freedom, the Supreme Court consistently protects government prerogatives at the expense of liberty. The source of this error lies in the mistaken belief on both the left and the right that the leading constitutional value is majority rule and the chief judicial virtue is reflexive deference to other branches of government. This has resulted in a system where courts actually judge the constitutionality of government action in the handful of cases they happen to care about, while merely pretending to judge in others. The result has been judicial abdication, removing courts from their essential role in the system of checks and balances so carefully crafted by our Founders. This book argues that principled judicial engagement—real judging in all cases with no exceptions—provides the path back to constitutionally limited government.

Judicial Review In An Objective Legal System

Author: Tara Smith
Publisher: Cambridge University Press
ISBN: 1316404730
Size: 43.20 MB
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How should courts interpret the law? While all agree that courts must be objective, people differ sharply over what this demands in practice: fidelity to the text? To the will of the people? To certain moral ideals? In Judicial Review in an Objective Legal System, Tara Smith breaks through the false dichotomies inherent in dominant theories - various forms of originalism, living constitutionalism, and minimalism - to present a new approach to judicial review. She contends that we cannot assess judicial review in isolation from the larger enterprise of which it is a part. By providing careful clarification of both the function of the legal system as well as of objectivity itself, she produces a compelling, firmly grounded account of genuinely objective judicial review. Smith's innovative approach marks a welcome advance for anyone interested in legal objectivity and individual rights.

Two Fer

Author: Clint Bolick
Publisher: Hoover Press
ISBN: 0817914668
Size: 15.26 MB
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Constitutional scholar Clint Bolick examines the importance of judicial nominations in current and future political campaigns—not just in campaigns for president but also for the senators who confirm the nominees and the governors who appoint state court judges. He offers his opinion of the framers' original intentions—that the judiciary play a robust role in curbing abuses of government power and protecting individual rights—and provides both a historical perspective and a look at the courts' decisions on today's most contentious issues.

Library Journal

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Publisher:
ISBN:
Size: 72.54 MB
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Includes, beginning Sept. 15, 1954 (and on the 15th of each month, Sept.-May) a special section: School library journal, ISSN 0000-0035, (called Junior libraries, 1954-May 1961). Also issued separately.

From A Culture Of Dependency To A Culture Of Success

Author: Y.S. Wishnick
Publisher: Xlibris Corporation
ISBN: 146539334X
Size: 24.68 MB
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There is an old story of a famous business tycoon that was near death. His lifelong business partner approached him on his deathbed and asked if hed like to see his great grandchild. The business executive opened his eyes and whispered in his associates ear, No, my friend, I do not want to know what Ive missed. More and more Americans are missing out on the greatness of their country; its passion for excellence, its commitment to the dignity and self-worth of each individual, and its belief that every person has the right to achieve their own vision for success. Chaos, confusion, disappointment, and hopelessness have pushed and pulled Americans into a state of dependency. From the individual, to the family, to our local communities, Americans are constantly looking for others to solve the problems and challenges they face. This has lead to victimology, class warfare, and ultimately bad public policy where a culture of dependency is becoming the new normal. As people think themselves into believing that they cant make it on their own they are rejecting their own potential and capacity to act. Worse, they are missing out on the person they were destined to become.