Judges on Judging: Views from the Bench

By David M. O'Brien | Go to book overview

PART IV
The Judiciary and Federal Regulation: Line Drawing and Statutory Interpretation

"IT IS in the courts and not the legislature that our citizens primarily feel the keen, cutting edge of the law." 1 Reiterating that view of New Jersey State Supreme Court Chief Justice Arthur T. Vanderbilt, Justice Tom Clark observed: "In a democracy the national welfare should be the primary objective of the legislature whose statutes may quickly pattern effective measures to that end. The courts, on the other hand, have the duty of interpreting and enforcing such legislation. Theirs is the machinery through which law finds its teeth." 2

Judicial participation in regulatory politics at the federal level has greatly increased since the New Deal, and particularly during the 1960s and 1970s, because of congressional creation of new administrative agencies and legislation aimed at ensuring civil rights and liberties as well as promoting health, safety, and consumer and environmental protection. Appeals of administrative decisions, for instance, rose fivefold between 1960 and 1981 and continued to grow throughout the 1980s and early 1990s. 3 Pointing out that ambiguous legislation often invites litigation, Chief Justice Warren Burger accordingly called on Congress to require "judicial impact statements" prior to enactment of new legislation. 4 The federal judiciary has indeed become a forum for challenging federal regulation and congressional legislation by those who are either denied access to or disagree with the outcome of the administrative and legislative process.

The growing importance of statutory interpretation, along with constitutional interpretation, is evident as well in the changing character of the business of the Supreme Court. In historical perspective, the Court gradually became a tribunal of constitutional and statutory interpretation. During

-211-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Judges on Judging: Views from the Bench
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 364

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.