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David S Hammer

Author: Clint Bolick
Publisher: Cato Institute
ISBN: 1933995025
Size: 39.59 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: 26.24 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."

Two Fer

Author: Clint Bolick
Publisher: Hoover Press
ISBN: 0817914668
Size: 48.98 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.

Judicial Review In An Objective Legal System

Author: Tara Smith
Publisher: Cambridge University Press
ISBN: 1316404730
Size: 58.35 MB
Format: PDF
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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: 31.89 MB
Format: PDF, ePub, Docs
View: 7329
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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.

Overruled The Long War For Control Of The U S Supreme Court

Author: Damon Root
Publisher: St. Martin's Press
ISBN: 1137474688
Size: 17.42 MB
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Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today's blockbuster legal battles over gay rights, gun control, and health care reform. It's a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. Today's growing camp of libertarians, however, has no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.

Library Journal

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Publisher:
ISBN:
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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.

Restoring The Lost Constitution

Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 140084813X
Size: 22.77 MB
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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.