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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... moral views or political faith . Prudence , then , counsels an effort to identify principled grounds for judgment about the proper scope of judi- cial power . Marbury v . Madison is often cited as the case that established the power of ...
... morally charged debates about divisive issues . The majority in Dred Scott erred , ac- cording 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 ...
... morals . " The Court , however , held that Joseph Loch- ner , a bakery owner who had been convicted of violating the law , was right to maintain that the law unconstitutionally deprived both him and his employees of a fundamental ...
... morality of economic relations for the contrary views embodied in state law by the elected representatives of the people of New York . Holmes professed a certain agnosticism as to which of the competing views of economics and justice ...
... 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 Amendment's ...
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God, Locke, and Equality: Christian Foundations in Locke's Political Thought Jeremy Waldron Vista previa limitada - 2002 |