Cover: Congress v. the Supreme Court, from Harvard University PressCover: Congress v. the Supreme Court in E-DITION

Congress v. the Supreme Court

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Product Details


$65.00 • £54.95 • €60.00

ISBN 9780674733725

Publication Date: 01/01/1969

424 pages


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  • Preface
  • 1 Introduction
  • 2. Historical Background
    • Fear of “Legislative Despotism”
    • “Limits” and “Checks” on Congress
    • Protection of Private Rights
    • Crosskey’s Presumption Against Judicial Review
      • Coke’s Influence
      • Blackstone’s Influence
      • The Influence of State “Precedents”
  • 3. The Federal Convention and Beard’s Tally
    • Remarks in the Convention
    • Remarks of Framers Outside the Convention
    • Implications of Judicial Independence
  • 4. The State Ratification Conventions
    • Connecticut
    • Massachusetts
    • Pennsylvania
    • Maryland
    • New York
    • North Carolina
    • Virginia
  • 5. The First Congress
  • 6. Current Arguments Against Judicial Review
    • Judicial “Self-Defense”
    • Prohibitions Alone Are Reviewable
    • The Constitution as “Law”
    • Who Was to Interpret the Constitution?
    • Finality of Judicial Interpretation
  • 7. The Constitutional Text and Judicial Review: “All Cases…Arising Under this Constitution”
  • 8. The Constitutional Text and Judicial Review: The Supremacy Clause–State Court Review
    • “In Pursuance Thereof”
    • “The Judges in Every State Shall Be Bound” and the “Oath” Provision
    • The Supremacy Clause Does Not Confer Jurisdiction
    • State Court Jurisdiction and Article III
    • State Court Review of State Laws: Its Implications for Review of Federal Laws
    • State Court Power to Declare Federal Laws Unconstitutional
    • Must State Courts Exercise Jurisdiction?
    • May Congress Constitutionally Create a Jurisdictional Vacuum?
  • 9. The Congressional Power to Make Exceptions to the Appellate Jurisdiction
  • 10. Sovereign Immunity: Withholding Consent to Suit on Constitutional Claims
  • 11. Conclusion
  • Appendix A: Dr. Bonham’s Case
  • Appendix Β: Treaties “Under The Authority of the United States”
  • Bibliography
  • Index of Cases
  • General Index

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“Predictive Policing” and Racial Profiling

While technology used in policing has improved, it hasn’t progressed, says Khalil Gibran Muhammad, if racial biases are built into those new technologies. This excerpt from his book, The Condemnation of Blackness: Race, Crime, and the Making of Modern Urban America, shows that for the reform called for by the current protests against systemic racism and racially-biased policing to be fulfilled, the police—especially those at the top—will need to change their pre-programmed views on race and the way they see the Black citizens they are supposed to “serve and protect.”