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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... opinion for the Supreme Court in the 1803 case of Marbury v . Madison , " it is emphatically the province and duty of the judicial department to say what the law is . " Judges exercising the power to invalidate legislation as uncon ...
... opinion by Chief Justice Roger Brooke Taney , the Supreme Court accepted Sandford's argument . By a vote of 7-2 , the justices ruled that Scott was not , and could not be , a citizen . As a member of a race deemed to be " subordinate ...
... opinion is considered a master- piece of the genre . Holmes regarded the majority's allegedly implicit constitutional right to " freedom of contract " as a pure invention cooked up to rationalize the Court's usurpation of state ...
... opinion for the Court in Brown , however , declared that " separate is inherently un- equal , " thus effectively overturning Plessy . Notably , though , War- ren's opinion did not endorse the " colorblind " Constitution ideal of ...
... opinion on the principles of the Harlan dissent in Plessy . However that may be , the popularity of Court's decision to strike down school segregation makes it today a kind of touchstone of legitimate constitutional interpretation . In ...
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God, Locke, and Equality: Christian Foundations in Locke's Political Thought Jeremy Waldron Vista previa limitada - 2002 |