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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... matters for the judgments of the people's legit- imately elected representatives . In other words , critics claimed , in each case , that the decision was , in effect , an abuse of judicial power — that the Court was functioning , not ...
... matter in a lower federal court which would , unquestionably , have had original jurisdiction . And , though Jefferson famously grumbled about the Court's decision in Marbury , Marshall had used it to establish the formal power of the ...
... matter , as far as he was concerned , whether he or other judges approved or disapproved of the theory animating New York's lim- itation of working hours . The matter was one for legislative , not judicial , deliberation and resolution ...
... matter , even in a case like Lochner , requires much more subtle and searching analysis than " positivist " critics of ' judi- cial activism " typically imagine . The opprobrium in which the Supreme Court came to be held as a result of ...
... matters of moral principle . James McPherson reflects on the ways in which Dred Scott shaped politi- cal decisions in the direction of civil war . Donald Drakeman raises questions about the " substantive " readings of the Fourteenth ...
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God, Locke, and Equality: Christian Foundations in Locke's Political Thought Jeremy Waldron Vista previa limitada - 2002 |