By Donald C. Dahlin (auth.)
Dahlin takes an analytical method of present Constitutional scholarship and provides a constrained variety of landmark splendid courtroom judgements in a manner that makes this significant fabric available to an undergraduate educational audience.
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Additional info for We the People: A Brief Introduction to the Constitution and Its Interpretation
However, under their interpretation of the Constitution, while such congressional support may be politically useful, it is not constitutionally required. On the congressional side, in 1973 at the end of the Vietnam War, Congress passed the War Powers Resolution in an effort to ensure that its constitutional interpretation of the respective roles of the President and Congress in committing the nation to military action would prevail. S. 12 President Nixon vetoed the Resolution on the grounds that it violated his constitutional powers.
Not only would the courts enforce the terms of the Constitution against the other branches of government, but also, if need be, against improper actions taken by the people themselves. As Hamilton put it, the courts would: guard the Constitution and the rights of individuals from the effects of those ill humors, which the arts of designing men, . . sometimes disseminate among the people themselves, and which, though they speedily give place to better information, and more deliberate reflection, have a tendency in the meantime, to occasion dangerous innovations in government, and serious oppressions of the minor party in the community .
Practical Problem Two: The Importance of Facts When Constitutional Values Are in Tension. A second practical problem was articulated by the retired Supreme Court Justice David Souter in his 2010 commencement address at Harvard. In his remarks, Justice Souter noted that the Constitution contains values that may be in tension with one another. 8 The issue in this case was whether the New York Times and the Washington Post could publish classified documents they had obtained about the conduct of the Vietnam War.