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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... determine the nature and terms of the social compact ; and as they are the foundation of the legislative power , they ... determined by the nature of the power on which it is founded . . 1 The legislature may enjoin , permit , forbid and ...
... determined that national and state citizenship were independently significant . The distinction pre- faced a parsimonious reading of the incidents of federal citizenship se- cured by the Fourteenth Amendment privileges and immunities ...
... determined that rights of " speech or press or assembly " could not be abridged absent “ incite [ ment ] to violence and crime . " For the first time , the Court reversed a conviction on grounds that it directly violated the First ...
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 |