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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... race , is — what had already been done in every State of the Union for the white race - to secure and protect rights belonging to them as freemen and citizens ; nothing more . It was not deemed enough " to help the feeble up , but to ...
... race chooses to put that construction on it . " Although stressing that neither race could be consti- tutionally inferior to the other if their civil and political rights are equal , it noted that “ ( i ) f one race is inferior to the ...
... race . He accordingly noted that It seems that we have yet , in some of the States , a dominant race — a superior class of citizens , which assumes to regulate the enjoyment of civil rights , common to all citizens , upon the basis of race ...
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 |