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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... legislative acts by courts exercising the power of constitutional “judicial review” cannot be reversed by legislation. Only a constitutional amendment can effectively undo such a judicial act; and, under the terms of the Constitution ...
Robert P. George. Judges exercising the power to invalidate legislation as unconstitutional commonly deny that the ... legislative retaliation for their rulings. In light of these facts, many commentators throughout our history, including ...
... legislation as unconstitutional is to see that the debate over the scope of judicial review is not in principle an ideologically partisan one. Although an unprincipled approach to the subject would countenance sweeping judicial power ...
... legislation without issuing an order that Congress or the president could find any effective way of defying. In the end, Marbury's case simply faded away when he failed to pursue the matter in a lower federal court which would ...
... legislation until it intervened in the dispute over slavery in the 1857 case of Dred Scott v. Sandford. Scott was a slave who had been taken by Sandford, his master, into the free state of Illinois and then into free sections of the ...
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 | |