The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--
Pink, 315 U.S. 203, 225 (1942) To resolve these difficulties, nations have often entered into agreements settling the claims of their respective nationals. As one treatise writer puts it, international agreements settling claims by ...
In 1916 , Hughes resigned to run for the presidency on the Republican and Progressive tickets against Woodrow Wilson . On election eve , he went to bed thinking that he was President , but when the final returns were counted , he had ...
Constitutional Law in Context
Constitutional Law in Context
See Peter Bachrach , The Theory of Democratic Elitism : A Critique ( Boston : Little , Brown , 1967 ) ; David M. Ricci , " Democracy Attenuated : Schumpeter , the Process Theory , and American Democratic Thought , " Journal of Politics ...
Turner redivivus. On remand, a three judge federal court held 2-1, that, using the O'Brien standard, there was substantial evidence justifying the congressional judgment that must-carry was necessary “to protect the economic health of ...
The first of its kind, LexisNexis Glance Cards are dynamic and easy-to-use cards that cover the major core subject areas of law, including Criminal, Contract, Property, Trusts, Equity, Corporations, Constitutional, Administrative, Evidence ...
With special reference to the experience of Britain and Germany, this book examines the dilemma faced by constitutional governments in trying to draft anti-terrorist laws while preserving civil liberties.
McCarthy led a group who believed that a runaway presidency was a major cause of continued American participation in the Vietnam war and that a way to withdraw from the war was to curb the presidency . Robert Kennedy , after an earlier ...
Constitución española y leyes políticas