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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... decisions that , over the next fifteen years , increasingly emphasized slave owner rights , identified duties to protect those interests and linked them to the Constitution itself . The Prigg decision also revealed a divided Court ...
... decision by the Court to his liking , but it at least expressed a common desire for an authoritative resolution . The Dred Scott Decision What was offered as a comprehensive and conclusive decision on slavery in Dred Scott v . Sandford ...
... decision , within a decade of its ren- dition , significant aspects of Taney's opinion endured as a continuing ... decision " will , in time , prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott case ...
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 |