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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... Justice 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 ...
... Justice Marshall held that the act unconstitutionally expanded the Court's “original jurisdiction” beyond the scope set forth in the text of the Constitution itself. As one prominent constitutional interpretation casebook's editors ...
... Justice Roger Brooke Taney, the Supreme Court accepted Sandford's argument. By a vote of 7-2, the justices ruled that Scott was not, and could not be, a citizen. As a member of a race deemed to be “subordinate and inferior,” Scott had ...
... Justice Rufus Peckham declared that worker protection legislation of this sort violates the “right to freedom of contract” which, he said, was implicit in the Fourteenth Amendment's guarantee of “due process of law.” The state of New ...
... Justice Oliver Wendell Holmes, whose dissenting opinion is considered a masterpiece of the genre. Holmes regarded the majority's allegedly implicit constitutional right to “freedom of contract” as a pure invention cooked up to ...
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 | |