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Description
This classic book on the role of the supreme Court in our democracy traces the history of the court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court’s Power. In this way he accomplishes his stated purpose: “to have the supreme Court’s Exercise of Judicial review better understood and supported and more sagaciously used. “ The book now includes a new forword by Harry H. Wellington.
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Contents
Chapter 1 - Establishment and General Justification of Judicial Review
• Marbnry v. Madison
• The Moral Approval of the Lines: History
• The Counter-Majoritarian Difficulty
• The Moral Approval of the Lines: Principle
• The Mystic Function
Chapter 2 - The Premise of Distrust and Rules of Limitation
• The Rule of the Clear Mistake
• The Rule of the Succesful Operation of the Venture at Hand
• The Rule of the Neutral Principles
• The Lincolnian Tension
Chapter 3 - The Infirm Glory of the Positive Hour
• Adjectival Simplicities and the Neo-Realists, Nihilists, et al.
• Of Activism, Absolutes, Attitudes, and the Plain Words of the Constitution
• The Wonder of the Past—and Its Tyranny
Chapter 4 - The Passive Virtues
• The Vivid Metaphors of Jurisdiction and Their Sense
• The Power to Decline the Exercise of Jurisdiction Which Is Civen
• Restraint: Prior and Judicial
• Ripeness: A Colloquy on Birth Control
• Political Responsibility and Congressional Investigations
• Political Responsibility and Security Dismissals
• The Well-Tempered Case, the Fielder's Choice, and the Uses of
Procedure and Construction
• The Political Question and the Resources of Rhetoric
Chapter 5 - Neither Force nor Will
• The Relativity of Virtue
• The Mysteries of Motive
• The Mirage of Equal Protection
• The Square Corners of the Commerce Clause and of Procedural
Due Process
• The Judgment of This Court
Chapter 6 - The Supreme Court at the Bar of Politics
• Composing for the Anthologies All Deliberate Speed
• Political Warfare and the Uses of Decisions of Courts
Notes
Table of Cases
Index
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