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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... majority in Dred Scott erred, according to Sunstein, not (or not merely) because they came down on the wrong side of the slavery issue, but because they attempted to resolve by judicial fiat an issue that, in the end, could only be ...
... majority in Lochner v. New York, 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 ...
... majority's allegedly implicit constitutional right to “freedom of contract” as a pure invention cooked up to rationalize the Court's usurpation of state legislative authority. As he viewed the matter, Peckham and his supporters were ...
... majority to present a unified judgment to the public) ruled that racial segregation in American public schools violated the Equal Protection Clause of the Fourteenth Amendment. Segregation in schools and other public institutions had ...
... majority found the right to “privacy,” which, Justice Harry Blackmun insisted, was “broad enough to encompass a woman's decision to terminate a pregnancy,” to be implicit in the very provision in which the Lochner majority had purported ...
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 | |