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. |
Im Buch
Ergebnisse 1-3 von 18
... tional controversy during the early 1850s . In debates over the new terri- tory , the South proposed the extension of slavery north of the Missouri Compromise line . The strategy reversed the position slave states had sub- scribed to a ...
... tional concern in basic rights and equality and thereby effected a major redistribution of interest and power from state to federal government . In- stead of national citizenship deriving from state citizenship , as Justice Cur- tis had ...
... tional sense , privacy transcends common law definitions and concerns . As described by Justice Stevens , it includes the " individual interest in avoid- ing disclosure of personal matters [ and ] . . . in independence in making certain ...
Inhalt
A Constitutional Right in Slavery | 1 |
Images of a New Union | 25 |
Constitutional Redefinition and National Reconstruction | 43 |
Urheberrecht | |
4 weitere Abschnitte werden nicht angezeigt.
Andere Ausgaben - Alle anzeigen
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 |