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As It Interprets The U.s. Constitution, The Supreme Court Defines The Rights Of Individuals And Referees Disputes Between The Branches Of Government. For Many Years, The Court Has Limited Access To Those Claimants Who Satisfy A Shifting And Sometimes Amorphous Case-or-controversy Requirement. Drawing On Historical Practice To Clarify The Meaning Of The Constitutional Terms In Question, This Book Calls Upon The Court To Offer Broader Access To Federal Court And Greater Deference To Congressional Choices.
This book investigates the historical and constitutional foundations of the 'case-or-controversy' requirement to determine if the Supreme Court should expand access to federal courts. James E. Pfander, a professor of law, utilizes extensive historical analysis and constitutional theory to argue that the Court’s current restrictive interpretation of Article III standing is inconsistent with the original intent of the framers. He proposes a framework that prioritizes congressional authority and advocates for a more inclusive approach to judicial review. By examining the evolution of federal jurisdiction, the author challenges the Court to reconsider its gatekeeping role in American jurisprudence.
What You Will Find
Legal scholars and practitioners recognize this work as a significant contribution to the discourse on federal jurisdiction and judicial restraint. Readers frequently note the academic density of the prose, which makes it a foundational text for those studying the intersection of constitutional history and modern court access.
Page Count:
0
Publication Date:
2021-01-01
ISBN-10:
0197571417
ISBN-13:
9780197571415
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