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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... tion plans and others distinguishing the premise when such programs are reviewed . Even when presented with essentially the same issue , the Court may overturn precedent if it determines that its prior interpretation was misplaced ...
... tion , Laurence Tribe has described the majority's opinion as an exercise in " prejudice rather than legal principle . " As so characterized , the Bowers decision demonstrates that once substantive due process review is estab- lished ...
... tion was diminished , however , in Virginia v . Rives . In Rives , the Court found no Fourteenth Amendment violation when exclusion of jurors on the basis of race was the work of a " subordinate officer " and not the func- tion of clear ...
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 |