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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... 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 legislation as ...
... “superlegislature.”Inresponseto these criticisms, the Court's defenders in each case argued that the decisions were fully justified as giving effect to guarantees, if merely implicit ones, of the Constitution. They 4 INTRODUCTION.
... argued, however, that the appointments became effective upon being signed by the president, and must therefore be delivered. The Supreme Court agreed with that proposition. However, the case turned on the procedural question of whether ...
... argued that Scott, as a Negro, was a citizen of neither the state of Missouri nor the United States of America ... 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 ...
... 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 respectively, though ...
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 | |