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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... Interpretation and Evolution Although the Constitution is the preeminent law of the land , the litiga- tive and interpretive processes do not always generate certainty and con- sistency of principle or fidelity to original design or ...
... interpretation has reflected an abiding tension in the charting of federal and state functions and interests . Minus federal supervision of Southern political processes and the de- mands of reconstruction , the Fourteenth Amendment ...
... interpretation of the amendment would engender a federal code of civil and criminal law displacing the powers and interests of the states . Although some of the Fourteenth Amendment's exponents had ex- pressed misgivings about its ...
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 |