Rights reign supreme : an intellectual history of judicial review and the Supreme Court / James M. Masnov.

• Introduction -- Primary source analysis : Philadelphia Convention, ratification debates, and early court cases -- Survey of judicial review scholarship -- The sedition act of 1798 and nullification, i.e., state review -- Marbury, Stuart, McCulloch, and Barron -- Indian removal and Dred Scott -- Privileges or immunities and the Fourteenth Amendment -- Rights -- Rights assertions via the court in the twentieth and twenty-first centuries -- Conclusion. 

• Judicial review-the power of the United States Supreme Court to nullify unconstitutional laws-has been attacked and celebrated by scholars and statesmen alike. The Court's authority has become exceedingly significant over the past century as it has grown to occupy a more central role in the lives of the American people. The result has been for politicians of both major political parties (as well as scholars) to decry the antidemocratic nature of the judicial power. This book argues that judicial review ensures the survival of the republic, outlining The Court's responsibilities as an instrument of rights theory. It outlines The Court's history of defending the principles established during the American founding that assert the primacy of certain inherent rights. Centering the power of judicial review, chapters detail The Court's reputation as a steward of the Constitution, protecting the rights of the people against the unconstitutional encroachments of the executive and legislative branches and indeed against the fleeting passions of the people themselves 

Ämnesord

Statsrätt  (sao)

Statsrätt  -- historia -- Förenta staterna (sao)

Constitutional law  (LCSH)

Förenta staterna  (sao)

Institutionsnamn

Förenta staterna. Supreme Court

Klassifikation

347.7312 (DDC)

Oek (kssb/8 (machine generated))