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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... 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 morals.” The Court, however, held ...
... method and reasoning, if not necessarily the conclusions he drew. Arkes takes Holmes and other critics of Lochner to task ... due process” and other constitutional provisions. Although he is certainly sensitive to the need for judges to ...
... Due Process Clause of the 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 ...
... 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 problem the Court ...
... due process, and equal protection. Dworkin argues that sound political morality requires something very much like the regime of legal abortion mandated by the Supreme Court; and according to his “moral reading” of the Constitution ...
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 | |