Great Cases in Constitutional LawRobert P. George Princeton University Press, 2000 M03 19 - 206 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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... democratic self - government . Federal judges , as appointed rather than elected officials , are democratically unaccountable ; they serve " on good behavior " —i.e . , for life unless removed by way of impeachment for serious misdeeds ...
... democratic authority by electorally unaccountable judges , de- fenders saw , and see , the justices functioning as guardians of con- stitutional ideals against the depredations of legislative majorities . Commonly these days people ...
... democratic legislative authority . To accuse judges or other constitutional interpreters of " Lochnerizing " is to criticize them for reading their own partisan views into the Constitution . Today the Lochner decision has few defenders ...
... democratic self - government , of our right and responsibility to extend to unborn human beings the equal pro- tection of the laws . So , who is right ? How are we to evaluate Roe and its legacy ? On which side of the ledger are we to ...
... democratic republic.7 These essays and commentaries are offered , not with the pre- tense that they provide anything approaching a comprehensive picture of the history of American constitutional law , but in the hope that readers will ...
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God, Locke, and Equality: Christian Foundations in Locke's Political Thought Jeremy Waldron Vista previa limitada - 2002 |