ERIC Number: ED203422
Record Type: RIE
Publication Date: 1981
Reference Count: N/A
The Role of the Supreme Court.
Chapter 1 of a book on school law, this article analyzes the role of the U.S. Supreme Court, and contends that there has been a judicial takeover of functions that had been delegated by the Constitution to the states and to the people. Specifically, the author argues that much of the Supreme Court's expansion of its powers rests on the selective incorporation of the Bill of Rights in the Fourteenth Amendment, that because a given result seems laudable, it does not follow that it is constitutional. To develop this argument, the author quotes a number of legal authorities, including former Supreme Court Justices, and examines the roots of judicial review. In conclusion, he states that Congress may, by statute, remove jurisdiction of certain Fourteenth Amendment cases from the federal courts. (Author/MLF)
Descriptors: Constitutional Law, Court Litigation, Court Role, Due Process, Federal Courts, Government School Relationship, Values
Not available separately; see EA 013 472.
Publication Type: Legal/Legislative/Regulatory Materials; Books; Information Analyses
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Fourteenth Amendment; Supreme Court
Note: Chapter 1 of "School Law for a New Decade" (EA 013 472). For related documents, see EA 013 472-493.