- Banned
- #1
Made the best early case for restricting the reach of the SC and keeping it from become a super legislature, as it is now, and a disaster. He influenced a variety of SC Justices, like Brandies, Frankfurter, and Holmes.
A link to his most well known article here at Archive.org; there are better copies on Jstor, but a link to those wouldn't work here:
The Origin and Scope of the American Doctrine of Constitutional Law
by James Bradley Thayer
Published 1893
The Origin and Scope of the American Doctrine of Constitutional Law : James Bradley Thayer : Free Download & Streaming : Internet Archive
A decent synopsis of the issues involved in the modern era, and the abuses.
The Rise and Fall of Judicial Review, Richard A. Posner
http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1000&context=californialawreview
A link to his most well known article here at Archive.org; there are better copies on Jstor, but a link to those wouldn't work here:
The Origin and Scope of the American Doctrine of Constitutional Law
by James Bradley Thayer
Published 1893
The Origin and Scope of the American Doctrine of Constitutional Law : James Bradley Thayer : Free Download & Streaming : Internet Archive
A decent synopsis of the issues involved in the modern era, and the abuses.
The Rise and Fall of Judicial Review, Richard A. Posner
http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1000&context=californialawreview
