Cover: Rationing the Constitution: How Judicial Capacity Shapes Supreme Court Decision-Making, from Harvard University PressCover: Rationing the Constitution in HARDCOVER

Rationing the Constitution

How Judicial Capacity Shapes Supreme Court Decision-Making

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Product Details


$42.00 • £33.95 • €38.00

ISBN 9780674986954

Publication Date: 04/29/2019


280 pages

6-1/8 x 9-1/4 inches


  • Introduction
  • I. Understanding Judicial Capacity
      • 1. Structural and Normative Underpinnings
      • 2. The Judicial Capacity Model
      • 3. Refining the Model
      • 4. Testing the Model
  • II. The Judicial Capacity Model Applied
    • Federalism
      • 5. The Commerce Power
      • 6. The Spending Power
    • Separation of Powers
      • 7. The Nondelegation Doctrine
      • 8. Presidential Administration
    • Individual Rights
      • 9. Equal Protection
      • 10. Takings
  • III. Positive and Normative Implications
      • 11. Judicial Capacity and the Constitutional Choice Set
      • 12. Judicial Capacity and Judicial Competence
      • 13. Judicial Capacity and Judicial Independence
  • Conclusion
  • Appendix: Methods
  • Notes
  • Acknowledgments
  • Index

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