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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... John Marshall argued in his opinion for the Supreme Court in the 1803 case of Marbury v. Madison, “it is emphatically the province and duty of the judicial department to say what the law is.” Judges exercising the power to invalidate ...
... John Adams's administration. Jefferson, of course, preferred to see the commissions remain undelivered so that Adams's “midnight appointments” would never be given effect. Marbury and other claimants argued, however, that the ...
... John Harlan, who argued that ours is a “colorblind” Constitution, the Court in Plessy ruled that segregation in public transportation passed constitutional muster on the ground that the facilities being offered to whites and blacks ...
... John Marshall developed in Marbury. Here I examine some contemporary understandings of Marbury's theory of judicial review. I distinguish among a theory of judicial authority, which was all that was truly at issue in Marbury, and ...
... John Marshall. Congress created new judicial positions, and departing president John Adams moved to fill the posts. The appropriate documents were prepared and signed. Marshall, as secretary of state, had the responsibility 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 | |