New Light on the Decision of 1789
S Prakash - Cornell L. Rev., 2005 - HeinOnline
Cornell L. Rev., 2005•HeinOnline
America's most famous constitutional law decisions-cases like Marbuy, Brown, and Roe-
were made by judges. Judicial decisions virtually monopolize constitutional law casebooks
and classroom discussions. Given this fact, the unwary student might wrongly infer that
determining the Constitution's meaning involves little more than discerning what judges
have written, and that other institutions inevitably defer to the courts without ever making
their own constitutional judgments. Of course, judges have never enjoyed a monopoly on …
were made by judges. Judicial decisions virtually monopolize constitutional law casebooks
and classroom discussions. Given this fact, the unwary student might wrongly infer that
determining the Constitution's meaning involves little more than discerning what judges
have written, and that other institutions inevitably defer to the courts without ever making
their own constitutional judgments. Of course, judges have never enjoyed a monopoly on …
America's most famous constitutional law decisions-cases like Marbuy, Brown, and Roe-were made by judges. Judicial decisions virtually monopolize constitutional law casebooks and classroom discussions. Given this fact, the unwary student might wrongly infer that determining the Constitution's meaning involves little more than discerning what judges have written, and that other institutions inevitably defer to the courts without ever making their own constitutional judgments.
Of course, judges have never enjoyed a monopoly on constitutional decision making. In 1798, the Virginia and Kentucky legislatures resolved that the Alien and Sedition Acts were unconstitutional.'During the Civil War, Abraham Lincoln decided that the Constitution permitted him to suspend the writ of habeas corpus. 2 And Harry Truman concluded that he had the constitutional authority to seize steel mills to ensure supplies for the Korean War. 3 One could cite many more examples.
HeinOnline以上显示的是最相近的搜索结果。 查看全部搜索结果