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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... prohibited absent a clear and present danger , besides resolving rights of litigants , charts general perimeters for freedom of speech . Likewise , a de- cision that official segregation is unconstitutional establishes a principle of ...
... prohibited by state legislation , Story related what in another context might have been re- garded as an acceptable principle of federalism . In the aftermath of Prigg , however , many Northern states cited to the decision for purposes ...
... prohibited from interfering , for the purpose of pro- tecting the right of the master , and aiding him in the recovery of his property . I think , the states are not prohibited ; and that , on the contrary , it is enjoined upon them as ...
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 |