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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... decisions invalidating legislation as unconstitutional. Remarkably, the power of judicial review is nowhere expressly granted in the constitutional text, though plainly some supporters of the Constitution's ratification believed this ...
... decision was, in effect, an abuse of judicial power—that the Court was functioning, not as an interpreter or applier ... decisions were fully justified as giving effect to guarantees, if merely implicit ones, of the Constitution. They 4 ...
... decision in Marbury, Marshall had used it to establish the formal power of the courts to invalidate legislation as unconstitutional. Marbury left unresolved, however, the question of the scope of the power of judicial review. Alexander ...
... decision of this nature as a rule binding on them. In the course of the Civil War, Congress enacted, and Lincoln signed, legislation inconsistent with the holding in Dred Scott. Then, after the war, the Dred Scott decision was formally ...
... decision in Dred Scott damaged, but did not destroy, the authority of the Supreme Court. Not long after the Union victory in the Civil War and the ratification of constitutional amendments abolishing slavery and establishing voting ...
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 | |