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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... noted previously , is a result of evolution rather than the document's own command . The fram- ers themselves were ambivalent and imprecise about the role of the judi- ciary . Discerning their expectations of the judicial function is ...
... noted by Susan B. Anthony , " Taney's decision , infamous as it is , is but a reflection of the spirit and practice of the American people , North and South . " Limited Resources of Dissent Given the moral , political and ideological ...
... noted in Blylew v . United States , the right to testify , and thus to access the judicial system , was denied in many states " on account of race and color . " The reduction of federal enforcement power under the Fourteenth Amendment ...
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 |