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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... reflected dominant attitudes , shared even by its critics , without qualification of party or ge- ography . As noted by Susan B. Anthony , " Taney's decision , infamous as it is , is but a reflection of the spirit and practice of the ...
... reflected not only the volume but also the long - term influence of his opinions , especially with respect to expressive freedom and the judicial function . Included in his legacy are enduring contributions , discussed in Chapter 6 ...
... reflected a sense that " [ n ] o substantial inference can . . . be drawn from the language of this pream- ble , that the organization taught , advocated , or suggested the duty , neces- sity , propriety , or expediency of ...
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 |