In this fresh and provocative critique of judicial power, Matthew Franck argues for a Supreme Court that is newly mindful of constitutionalism's basis in the sovereign will of the people and of the distinctly limited scope of judicial authority that is permitted by that constitutional sovereignty. Neither activism nor restraint, but a lively sense of the fundamental constraints that deprive the Court of any legitimate choice between those two options, is at the heart of Franck's model of appropriate judicial modesty Franck challenges three propositions central to current debates over the...
In this fresh and provocative critique of judicial power, Matthew Franck argues for a Supreme Court that is newly mindful of constitutionalism's basis...
This book, first published in 1914, contains five historical essays. Three of them are on the concept of judicial review, which is defined as the power of a court to review and invalidate unlawful acts by the legislative and executive branches of government. One chapter addresses the historical controversy over states' rights. Another concerns the Pelatiah Webster Myth--the notion that the US Constitution was the work of a single person.
In "Marbury v. Madison and the Doctrine of Judicial Review," Edward S. Corwin analyzes the legal source of the power of the Supreme Court...
This book, first published in 1914, contains five historical essays. Three of them are on the concept of judicial review, which is defined as the p...
