The least dangerous branch : the Supreme Court at the bar of politics / Alexander M. Bickel ; with a new foreward by Harry H. Wellington.
1986
KF8742 .B5 1986eb
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Linked Resource
Title
The least dangerous branch : the Supreme Court at the bar of politics / Alexander M. Bickel ; with a new foreward by Harry H. Wellington.
Author
Edition
2nd ed.
ISBN
0585359741 (electronic bk.)
9780585359748 (electronic bk.)
9780300173338 (electronic bk.)
0300173334 (electronic bk.)
0300032668
9780300032666
0300032994 (pbk.)
9780300032994
9780585359748 (electronic bk.)
9780300173338 (electronic bk.)
0300173334 (electronic bk.)
0300032668
9780300032666
0300032994 (pbk.)
9780300032994
Imprint
New Haven : Yale University Press, ©1986.
Language
English
Description
1 online resource (xiii, 303 pages)
Call Number
KF8742 .B5 1986eb
System Control No.
(OCoLC)47008519
Summary
"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.'" -- From the publisher
Bibliography, etc. Note
Includes bibliographical references (pages 273-289) and index.
Formatted Contents Note
Establishment and general justification of judicial review : Marbury v. Madison ; The moral approval of the lines: history ; The counter-majoritarian difficulty ; The moral approval of the lines: principle ; The mystic function
The premise of distrust and rules of limitation : The rule of the clear mistake ; The rule of the successful operation of the venture at hand ; The rule of the neutral principles ; The Lincolnian tension
The infirm glory of the positive hour : Adjectival simplicities and the neo-realists, nihilists, et al. ; Of activism, absolutes, attitudes, and the plain words of the constitution ; The wonder of the past- and its tyranny
The passive virtues : The vivid metaphors of jurisdiction-and their sense ; The power to decline the exercise of jurisdiction which is given ; Restraint: prior and judicial ; Ripeness: a colloquy on birth control ; Political responsibility and congressional investigations ; Political responsibility and security dismissals ; The well-tempered case, the fielder's choice, and the uses of procedure and construction ; The political question and the resources of rhetoric
Neither force nor will : The relativity of virtue ; The mysteries of motive ; The mirage of equal protection ; The square corners of the commerce clause and of procedural due process ; The judgment of this court
The Supreme Court at the bar of politics : Composing for the anthologies ; All deliberate speed ; Political warfare and the uses of decisions of courts.
The premise of distrust and rules of limitation : The rule of the clear mistake ; The rule of the successful operation of the venture at hand ; The rule of the neutral principles ; The Lincolnian tension
The infirm glory of the positive hour : Adjectival simplicities and the neo-realists, nihilists, et al. ; Of activism, absolutes, attitudes, and the plain words of the constitution ; The wonder of the past- and its tyranny
The passive virtues : The vivid metaphors of jurisdiction-and their sense ; The power to decline the exercise of jurisdiction which is given ; Restraint: prior and judicial ; Ripeness: a colloquy on birth control ; Political responsibility and congressional investigations ; Political responsibility and security dismissals ; The well-tempered case, the fielder's choice, and the uses of procedure and construction ; The political question and the resources of rhetoric
Neither force nor will : The relativity of virtue ; The mysteries of motive ; The mirage of equal protection ; The square corners of the commerce clause and of procedural due process ; The judgment of this court
The Supreme Court at the bar of politics : Composing for the anthologies ; All deliberate speed ; Political warfare and the uses of decisions of courts.
Source of Description
Print version record.
Available in Other Form
Print version: Bickel, Alexander M. Least dangerous branch. 2nd ed. New Haven : Yale University Press, ©1986
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