Foreshadows of the law : Supreme Court dissents and constitutional development

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Foreshadows of the law : Supreme Court dissents and constitutional development

Donald E. Lively

Praeger, 1992

  • : pb

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the Constitution. Each opinion arises from a rich historical context and involves constitutional issues of pointed significance. Vivid descriptions of some of the colorful personalities behind the opinions add appeal. Lively conveys the evolutionary and dynamic nature of the law demonstrating the relationship between present and past understanding of the Constitution. He describes the competitive nature of constitutional development and identifies the relevance of factors including subjective preference, values, vying theories, and ideologies. The role of the Court, is addressed as are the federal government's relationship to the states and their citizens; slavery; property rights; substantive due process; freedom of speech; and the right to be left alone. This is a clearly presented and highly instructive consideration of how the Constitution's interpretation has been fashioned over time with important insights relevant to today's Court and contemporary cases.

目次

Preface Introduction: Judicial Review and Constitutional Development A Constitutional Right in Slavery Images of a New Union Constitutional Redefinition and National Reconstruction The Rise, Demise and Resurrection of Substantive Due Process Color and the Constitution Freedom of Speech: The "Indispensable" Liberty The Right to Be Let Alone

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