Rationing the Constitution : how judicial capacity shapes Supreme Court decision-making /
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, A...
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| Format: | Book |
| Language: | English |
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Cambridge, Massachusetts :
Harvard University Press,
2019
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Table of Contents:
- 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