Liberty under law : the Supreme Court in American life
著者
書誌事項
Liberty under law : the Supreme Court in American life
（The American moment）
Johns Hopkins University Press, c1988
- alk. paper
- pbk. : alk. paper
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注記
Bibliography: p. 201-216
Includes index
内容説明・目次
- 巻冊次
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alk. paper ISBN 9780801835957
内容説明
The two-hundredth anniversary of the U.S. Constitution and the intense debates surrounding the recent nominees to the Supreme Court have refocused attention on one of the most fundamental documents in U.S. history-and on the judges who settle disputed over its interpretation.
Liberty under Law is a concise and readable history of the U.S. Supreme Court, from its antecedents in colonial and British legal tradition to the present, William M. Wiecek surveys the impact of the Court's power of judicial review on important aspects of the national's political, economic, and social life. The author highlights important decisions on issues that range from the scope and legitimacy of judicial review itself to civil rights, censorship, the rights of privacy, seperation of church and state, and the powers of the President and Congress to conduct foreign affairs.
目次
Foreword
Acknowledgments
Introduction. The United States Supreme Court and American Constitutionalism
Chapter 1. The Origins of American Constitutionalism
Chapter 2. The Court under Chief Justice Marshall
Chapter 3. Democracy, Slavery, and Capitalism before the Taney Court
Chapter 4. Civil War, Reconstruction, and the Rights of Black People
Chapter 5. The Formalist Era
Chapter 6. Foreign Affairs, Executive Authority, and the Court
Chapter 7. Substantive Equal Protection
Chapter 8. Substantive Due Process
Glossary
Recommended Readings
Index
- 巻冊次
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pbk. : alk. paper ISBN 9780801835964
内容説明
The two-hundredth anniversary of the U.S. Constitution and the intense debates surrounding the recent nominees to the Supreme Court have refocused attention on one of the most fundamental documents in U.S. history -- and on the judges who settle disputes over its interpretation. Liberty under Law is a concise and readable history of the U.S. Supreme Court, from its antecedents in colonial and British legal tradition to the present. William M. Wiecek surveys the impact of the Court's power of judicial review on important aspects of the nation's political, economic, and social life. The author highlights important decisions on issues that range from the scope and legitimacy of judicial review itself to civil rights, censorship, the rights of privacy, separation of church and state, and the powers of the President and Congress to conduct foreign affairs. Wiecek's own beliefs about the Court and the Constitution are unabashed and clearly stated. He expresses admiration for John Marshall while critically reviewing the mixed achievements of Marshall's successor, Roger Taney, author of the infamous Dred Scott opinion, which upheld the legitimacy of slavery.
And he offers sharp criticism of the Court's "formalist" era in the early twentieth century, when judicial obstructionists "sought to shield a minority of wealth from the effects of democratic politics." Throughout, Wiecek underscores the importance of disagreements over just what law is, and over the Court's role in interpreting that law. In so doing, he broadens the context for current debates about the Constitution and efforts to establish what some have called a "jurisprudence of original intention." The mirror of history, heshows, reveals the limitations of such a narrow scope of interpretation.
目次
Foreword
Acknowledgments
Introduction. The United States Supreme Court and American Constitutionalism
Chapter 1. The Origins of American Constitutionalism
Chapter 2. The Court under Chief Justice Marshall
Chapter 3. Democracy, Slavery, and Capitalism before the Taney Court
Chapter 4. Civil War, Reconstruction, and the Rights of Black People
Chapter 5. The Formalist Era
Chapter 6. Foreign Affairs, Executive Authority, and the Court
Chapter 7. Substantive Equal Protection
Chapter 8. Substantive Due Process
Glossary
Recommended Readings
Index
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