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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... legislative branches of government must treat a decision of this nature as a rule binding on them . In the course of the Civil War , Congress enacted , and Lincoln signed , legislation inconsistent with the holding in Dred Scott . Then ...
... legislation to prohibit racial discrimination in public accommodations . The Supreme Court invalidated the legislation on the ground that Congress had no authority under the Constitution to enact it . Yet , despite out- rage and ...
... legislative authority . As he viewed the matter , Peckham and his supporters were merely substituting their own private views re- garding the morality of economic relations for the contrary views embodied in state law by the elected ...
... legislative authority , Arkes ar- gues that the 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 ...
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God, Locke, and Equality: Christian Foundations in Locke's Political Thought Jeremy Waldron Vista previa limitada - 2002 |