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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... original jurisdiction” beyond the scope set forth in the text of the Constitution itself. As one prominent constitutional interpretation casebook's editors observe, “Marshall's cunning handling of Marbury v. Madison was a masterpiece of ...
... original intent of the framers and ratifiers of constitutional provisions to discern their meaning.6 At the same time, a decision grounded in a theory which ignores or dispenses with the “original understanding,” Maltz contends, would ...
... original understanding of its specific provisions to discover a fundamental individual right that is essential to the very idea of a regime of constitutional freedom. Just as Brown vindicated the right to social equality of blacks and ...
... original Judiciary Act of 1789 did purport to give the Supreme Court the power to issue the remedy in just such cases. But, Marshall continued, that provision in the 1789 act was unconstitutional, and the courts therefore could not do ...
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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 | |