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Papers On Supreme Court & Constitutional Law
Page 28 of 62
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Judicial Restraint and Judicial Activism
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This 10 page paper examines judicial review and looks at these two juxtaposed concepts. Specific cases are discussed in depth in order to demonstrate examples of judicial restraint and judicial activism. Bibliography lists 7 sources
Filename: SA142jst.rtf
Judicial Review
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The debate over whether or not the courts should embrace judicial restraint or judicial activism is reviewed in this 5 page paper. The purpose of judicial review is discussed. Roe v. Wade is highlighted as an example of a case that continues to be discussed as both an exemplification of restraint and review. Robert Bork is portrayed as a contemporary philosopher who supports restraint, or even discarding review altogether. Bibliography lists 6 sources.
Filename: Judrev.wps
Judicial Review
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(5 pp) In Federalist 78, Alexander Hamilton said
that "the judiciary... has no influence over either
the sword or the purse...it may truly be said to
have neither force nor will, but merely
judgment...the judiciary is beyond comparison, the
weakest of the three departments of power...".In
this discussion we will assess the validity of
Hamilton's comments in light of recent Supreme
Court decisions.
Bibliography lists 6 sources.
Filename: BBjudrev.doc
Judicial Review
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A 10 page paper that begins by defining the term 'judicial review.' The writer then discusses the governments of ancient Greece and Rome and how parts of their systems carried over to later times. The Age of Enlightenment is discussed relative to the political innovations brought about through the writings of Locke, e.g., the social contract theory, and Montesquieu, who proposed three branches of government. The founding fathers of the U.S. were highly influenced by these writers and that influence can be found in the Constitution and the division of the government into three branches. The writer reports the Marbury v Madison case where judicial review was used by Chief Justice Marsahll to declare an act of Congress unconstitutional. Bibliography lists 11 sources.
Filename: PGjudrv.rtf
Judicial Review # 2
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In 6 pages, the writer discusses the concept of judicial review, what it is, how it works, agencies involved, etc. Bibliography lists 5 sources.
Filename: Jrev2.doc
Judicial Review & Its Ultimate Impact Upon Public Administration/Book Review
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4 pages in length. An analytical review of Earl M. Maltz's book entitled "Rethinking Constitutional Law: Originalism, Interventionism, and the Politics of Judicial Review" in which the writer finds Maltz's views to be unrealistic because they tend to de-recognize the human qualities of judicial members. This essay largely examines political participation and its role in public administration. Standard bibliography lists more than 10 sources and a Free annotated bibliography details their usage in brief. Please send us e-mail for more details.
Filename: Judicial.wps
Judicial Review and the Marbury vs. Madison debate
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7 pages.
This paper will consider whether the exercise of the judicial
review is legitimate. The question here is whether judges who
are not elected should be able to overturn the actions of a
democratically elected legislature. Ever since Marbury v.
Madison, a debate has raged about this question. Within this
paper the debate is researched, and the major points for and
against judicial review are pointed out, as well as which side
appears to have the stronger argument and why. Bibliography
lists 9 sources.
Filename: JGAjudrv.doc
Justice John Paul Stevens
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A 5 page paper that provides a brief biographical sketch of Justice Stevens and his appointment to the Supreme Court of the United States. The paper includes examples that demonstrate Stevens is willing to be the lone dissenting vote on the Court or among the minority that promote an unpopular vote. Stevens was one of three who dissented from the Court's ruling to stop the manual recount of presidential election ballots in Florida. Bibliography lists 5 sources.
Filename: PGstevns.rtf
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