Foreshadows of the Law: Supreme Court Dissents and Constitutional DevelopmentBloomsbury Academic, 18.11.1992 - 168 Seiten 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. |
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... basis for legislative action . More significant for purposes of future analysis , however , was its conclusion that the existence of facts supporting the legislative judgment is to be presumed , for regulatory legislation affecting ...
... basis of race . The significance of the Court's response to state discrimina- tion was diminished , however , in Virginia v . Rives . In Rives , the Court found no Fourteenth Amendment violation when exclusion of jurors on the basis of ...
... basis of race . He accordingly noted that It seems that we have yet , in some of the States , a dominant race — a superior class of citizens , which assumes to regulate the enjoyment of civil rights , common to all citizens , upon the basis ...
Inhalt
A Constitutional Right in Slavery | 1 |
Images of a New Union | 25 |
Constitutional Redefinition and National Reconstruction | 43 |
Urheberrecht | |
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Foreshadows of the Law: Supreme Court Dissents and Constitutional Development Bloomsbury Publishing Eingeschränkte Leseprobe - 1992 |
Foreshadows of the Law: Supreme Court Dissents and Constitutional Development Donald E. Lively Keine Leseprobe verfügbar - 1992 |