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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... principle a “conservative” cause and “judicial activism” as a “liberal” one. American history does not, however, bear out this view. Although it is true that for the past few decades the charge of “usurpation” has been leveled against ...
... principles of the Harlan dissent in Plessy. However that may be, the popularity5 of Court's decision to strike down school segregation makes it today a kind of touchstone of legitimate constitutional interpretation. In many circles, a ...
... principle. James McPherson reflects on the ways in which Dred Scott shaped political decisions in the direction of civil war. Donald Drakeman raises questions about the “substantive” readings of the Fourteenth Amendment's Due Process ...
... principles, including stare decisis, and contrary expectations must be disappointed.”5 Much in Justice Kennedy's statement here turns out to be clearly correct, particularly, as we will see, his point that people should expect the ...
... principle that the federal judiciary is supreme in the exposition of the law of the Constitution.” Calling that principle “a permanent and indispensable feature of our constitutional system,” the Court said that “it follows that 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 | |