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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... racial equality and mixing . Racial politics were a substantial part of the fallout from Dred Scott , as Democrats sought to capitalize on white supremacist ideology and Republicans worked to protect themselves against charges that they ...
... racial segregation and premises of white superiority , the Court's reasoning was evasive and disingenuous . Social distinctions were indistinguishable from civil or polit- ical differences insofar as exclusion and discrimination were ...
... racial pref- erences in the broadcast licensing process . They noted that although . The racial composition of this Nation is far more diverse than the first Justice Harlan foresaw , his warning in dissent is now all the more apposite ...
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 |