Edward Ashbee
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The US Supreme Court
in US politics today (fourth edition)
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It was established as early as 1803 that the US Supreme Court, created under Article III of the Constitution, had the power of judicial review, allowing it to strike down laws or provisions within them if they were deemed unconstitutional. Shortly thereafter, judicial review was extended to state as well as federal laws. The chapter considers the variables shaping the nomination and confirmation of judges, the history of the Court and the approaches that judges have taken to the process of constitutional interpretation. Whereas those on the left have invoked the principle of a ‘living constitution’ and argue that judgements should be made on the basis of the US Constitution’s underlying principles and implications the conservative right has argued for narrower forms of interpretation or a search for the original intent of the Constitution’s authors. The Trump administration’s appointments to the Court shift it decisively towards the right.

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