Rationing the Constitution : how judicial capacity shapes Supreme Court decision-making / Andrew Coan.
2019
KF4550 .C557 2019 (Mapit)
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Details
Author
Title
Rationing the Constitution : how judicial capacity shapes Supreme Court decision-making / Andrew Coan.
Imprint
Cambridge, Massachusetts : Harvard University Press, 2019.
Copyright
©2019
Description
viii, 265 pages ; 25 cm
Formatted Contents Note
I. Understanding judicial capacity. Structural and normative underpinnings
The judicial capacity model
Refining the model
Testing the model
II. The judicial capacity model applied. Federalism
The commerce power
The spending power
Separation of powers. The nondelegation doctrine
Presidential administration
Individual rights. Equal protection
Takings
III. Positive and normative implications. Judicial capacity and the constitutional choice set
Judicial capacity and judicial competence
Judicial capacity and judicial independence.
The judicial capacity model
Refining the model
Testing the model
II. The judicial capacity model applied. Federalism
The commerce power
The spending power
Separation of powers. The nondelegation doctrine
Presidential administration
Individual rights. Equal protection
Takings
III. Positive and normative implications. Judicial capacity and the constitutional choice set
Judicial capacity and judicial competence
Judicial capacity and judicial independence.
Summary
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.-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
KF4550 .C557 2019
Language
English
ISBN
9780674986954 hardcover alkaline paper
0674986954 hardcover alkaline paper
0674986954 hardcover alkaline paper
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