Contest for Constitutional Authority: The Arboration and War Powers Debates
Is the judiciary the ultimate authority on constitutional questions? Susan Burgess says no. Basing her argument on the theory of "departmental review," Burgess contends that each branch of government has the right to interpret the Constitution and that no branch has final authority. Through close study of the abortion and war powers debates, Burgess illustrates that the practice of departmental review improves the quality of constitutional debate, deepens "constitutional consciousness," and enhances respect for the rule of law. First, she investigates the constitutional issues relating to the debates over Roe v. Wade and, in its wake, the 1981 human life bill, the 1985 Abortion Funding Restriction Act, and contemporaneous court cases. She follows with a comparative analysis of the constitutional debates that focused on the infamous 1964 Gulf of Tonkin Resolution and the Persian Gulf crisis of the late 1980s--one before and the other after the passage of the 1973 War Powers Act.
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Departmentalism Constitutional Consciousness
Proposed Abortion Legislation
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2d sess 88th Cong abortion debate Abortion Funding Restriction Agresto Akron American argued that Congress Armed Forces asserted attack begins at conception branches broaden constitutional authority challenge judicial supremacy challenged Roe claimed conflict congressional consti constitutional consciousness constitutional interpretation constitutional meaning contended context of judicial departmentalism discussion example executive supremacy executive's fetal rights fetus fetuses foreign affairs foreign policy Fourteenth Amendment Fulbright Funding Restriction Act gress hostilities human life bill Ibid introducing level John Hart Ely Johnson judicial activism judicial authority judicial constitutional interpretation judicial finality judicial review judicial self-restraint judiciary legislative level of constitutional members of Congress military Murphy North Vietnam Persian Gulf Persian Gulf period personhood political polls Powers Act Powers Resolution President presidential power protection question Reagan recognize reflagging responsibility right to choose Robert Nagel rule of law scholars Senate stitutional Supreme Court tion tional Tonkin Gulf period Tonkin Gulf Resolution tutional U.S. Congress Vietnam
To Secure These Rights: The Declaration of Independence and Constitutional ...
Scott Douglas Gerber
No preview available - 1996