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The Supreme Court, the Constitution, and William Rehnquist (Hardcover)
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The Supreme Court, the Constitution, and William Rehnquist (Hardcover)
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The Founding Fathers wrote the Constitution at a level sufficiently
general to guide lawmaking while avoiding great detail. This
four-page document has guided the United States of America for more
than two centuries. The Supreme Court has parsed the document into
clauses, which plaintiffs and defendants invoke in cases or
controversies before the Court. Some, like the Interstate Commerce
Clause, are central to the survival of a government of multiple
sovereignties. The practice of observing case precedents allows
orderly development of the law and consistent direction to the
lower courts. The Court itself claimed the final power of judicial
review, despite efforts to the contrary by the executive and
legislative branches of the national government and the state
supreme courts. The Court then limited its own awesome power
through a series of self-imposed rules of justiciability. These
rules set the conditions under which the Court may exercise the
extraordinary final power of judicial review. Some of these
self-imposed limits are prudential, some logical, and some inviting
periodic revision. This book examines the detailed unfolding of
several Constitutional clauses and the rules of justiciability. For
each clause and each rule of justiciability, the book begins with
the brilliant foundations laid by Chief Justice John Marshall, then
to the anti-Federalist era, the Civil War, the dominance of laissez
faire and social Darwinism, the Great Depression redirection, the
civil rights era, and finally the often-hapless efforts of Chief
Justice Rehnquist.
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