The Least Dangerous Branch: The Supreme Court at the Bar of Politics

Portada
Yale University Press, 1986 - 303 páginas
This classic book on the role of the Supreme Court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court's power. In this way he accomplishes his stated purpose: "to have the Supreme Court's exercise of judicial review better understood and supported and more sagaciously used." The book now includes new foreword by Henry Wellington.Reviews of the Earlier Edition:"Dozens of books have examined and debated the court's role in the American system. Yet there remains great need for the scholarship and perception, the sound sense and clear view Alexander Bickel brings to the discussion.... Students of the court will find much independent and original thinking supported by wide knowledge. Many judges could read the book with profit." -Donovan Richardson, Christian Science Monitor"The Yale professor is a law teacher who is not afraid to declare his own strong views of legal wrongs... One of the rewards of this book is that Professor Bickel skillfully knits in "ations from a host of authorities and, since these are carefully documented, the reader may look them up in their settings. Among the author's favorites is the late Thomas Reed Powell of Harvard, whose wit flashes on a good many pages." -Irving Dillard, Saturday ReviewAlexander M. Bickel was professor of law at Yale University.

Dentro del libro

Comentarios de la gente - Escribir un comentario

No encontramos ningún comentario en los lugares habituales.

Páginas seleccionadas

Contenido

Establishment and General Justification
1
The Premise of Distrust and Rules
34
The Rule of the Succesful Operation
46
The Lincolnian Tension
65
The Infirm Glory of the Positive Hour
73
The Passive Virtues
111
Investigations
156
and the Uses of Procedure and Construction
169
Neither Force nor Will
199
The Supreme Court
244
NOTES
273
TABLE OF CASES
291
Derechos de autor

Otras ediciones - Ver todas

Términos y frases comunes

Pasajes populares

Página 99 - Those who won our independence believed that the final end of the state was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty.
Página 16 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people declared in the constitution, the judges ought to be governed by the latter, rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Página 106 - If by the statement that what the Constitution meant at the time of its adoption it means today, it is intended to say that the great clauses of the Constitution must be confined to the interpretation which the framers, with the conditions and outlook of their time, would have placed upon them, the statement carries its own refutation. It was to guard against such a narrow conception that Chief Justice Marshall uttered the memorable warning — "We must never forget that it is a constitution we are...
Página 260 - We do not propose that when Dred Scott has been decided to be a slave by the court, we. as a mob, will decide him to be free. We do not propose that, when any other one.
Página 213 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Página 12 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
Página 143 - Any person who uses any drug, medicinal article or instrument for the purpose of preventing conception shall be fined not less than fifty dollars or imprisoned not less than sixty days nor more than one year or be both fined and imprisoned.
Página 20 - For myself it would be most irksome to be ruled by a bevy of Platonic Guardians, even if I knew how to choose them, which I assuredly do not.
Página 23 - I do know— that a society so riven that the spirit of moderation is gone, no court can save; that a society where that spirit flourishes, no court need save; that in a society which evades its responsibility by thrusting upon the courts the nurture of that spirit, that spirit in the end will perish.

Información bibliográfica