Great Cases in Constitutional LawRobert P. George Princeton University Press, 2016 M03 4 - 216 páginas Slavery, segregation, abortion, workers' rights, the power of the courts. These issues have been at the heart of the greatest constitutional controversies in American history. And in this concise and thought-provoking volume, some of today's most distinguished legal scholars and commentators explain for a general audience how five landmark Supreme Court cases centered on those controversies shaped the country's destiny and continue to affect us even now. The book is a profound exploration of the Supreme Court's importance to America's social and political life. It is also, as many of the contributors show, an intriguing reflection of what some have seen as an important trend in legal scholarship away from an uncritical belief in the essentially benign nature of judicial power. |
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... Fourteenth Amendments, abolishing slavery and establishing de jure the full citizenship rights of all Americans, irrespective of race. Cass Sunstein's contribution to our volume reflects on the Dred Scott decision as a cautionary tale ...
... Fourteenth Amendment's guarantee of “due process of law.” The state of New York had defended its legislation as a reasonable and legitimate exercise of the traditional “police powers” of the states to protect “public health, safety, and ...
... Fourteenth Amendment. Segregation in schools and other public institutions had long been practiced throughout the southern states and in certain other parts of the country; though always controversial, segregation had been upheld as ...
... Fourteenth Amendment. Does Roe, then, represent the “second coming” of the discredited “substantive due process” doctrine of the Lochner era? Is it, as dissenting Justice Byron White charged, nothing more than a “raw exercise of ...
... Fourteenth Amendment's Due Process Clause relied on by the Supreme Court in Lochner and Roe. Walter Murphy doubts whether “originalism,” for all its intuitive appeal, can ever provide a workable interpretative approach to the sort of ...
Contenido
Marbury v Madison | |
CHAPTER THREE Dred Scott v Sandford and Its Legacy | |
Dred Scott v Sandford | |
CHAPTER FIVE Lochner v New York and the Cast of Our Laws | |
Lochner v New York | |
CHAPTER SEVEN Brown v Board of Education and Originalism | |
Brown v Board of Education | |
Speaking the Unspeakable | |
Roe v Wade | |
Index | |