Art of Judging: Volume 8

by James. E Bond

Overview

The single most important issue in American constitutional law is the role the Supreme Court should play in interpretation of the constitution. This issue has been a source of controversy since at least 1803, when Chief Justice John Marshall proclaimed that the Supreme Court could declare acts of Congress unconstitutional. But public attention has been refocused by the recent debate between Attorney General Edwin Meese and Supreme Court Justice William Brennan. The Attorney General admonished the Justices to confine themselves to strict construction of the Constitution-to apply the Constitution as the framers intended. Justice Brennan rejected this as errant and arrogant because the framers had certainly not thought about the specific problems facing the country today.

Product Details

ISBN-13:	9781351316262
Publisher:	Taylor & Francis
Publication date:	09/08/2017
Sold by:	Barnes & Noble
Format:	eBook
Pages:	96
File size:	2 MB

About the Author

James. E Bond

Table of Contents

1: The Debate: How Should Justices Interpret the Constitution?; 2: The Choice: Should Justices Act as Statesmen or as Craftsmen?; 3: The Importance of the Choice: Does Survival of the Rule of Law Depend on the Style of Judicial Decision Making?; 4: A Case Study in Mixed Judicial Styles of Decision Making: Can Justices Act as Both Statesmen and Craftsmen?; 5: A Case Study in Contrasting Styles of Judicial Decision Making: How May Statesmen and Craftsmen Differ in Deciding Cases?; 6: The Case For Craftsmanship: Why Should Justices Decide as Craftsmen?; 7: The Case Against Statesmanship: Why Should Justices Refrain from Deciding as Statesmen?; 8: Conclusion: How Will Craftsmen Insure the Triumph of the Rule of Law?