The Court and the Constitution

The Court and the Constitution
Author: Archibald Cox
Publisher:
Total Pages: 456
Release: 1987
Genre: History
ISBN:

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Building a nation, from laissezfaire to the welfare state, constitutional adjudication as an instrument of reform,

The Constitution in the Supreme Court

The Constitution in the Supreme Court
Author: David P. Currie
Publisher: University of Chicago Press
Total Pages: 518
Release: 1992-09
Genre: Law
ISBN: 0226131092

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Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary

The Roberts Court

The Roberts Court
Author: Marcia Coyle
Publisher: Simon and Schuster
Total Pages: 534
Release: 2013-05-07
Genre: Political Science
ISBN: 145162753X

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For years, the Supreme Court led by Chief Justice John Roberts has been at the center of a constitutional maelstrom. Here, the much-honored, expert Supreme Court reporter Marcia Coyle's examination of four landmark cases is "informative, insightful, clear and fair...Coyle reminds us that Supreme Court decisions matter. A lot." (Portland Oregonian). Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the US Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside analysis of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began and how they exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United case. Most dramatically, her reporting shows how dedicated conservative lawyers and groups have strategized to find cases and crafted them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat to the struggle to lay down the law of the land.

The Court and the Constitution

The Court and the Constitution
Author: Archibald Cox
Publisher:
Total Pages: 452
Release: 1987
Genre: History
ISBN: 9780395480717

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Building a nation, from laissezfaire to the welfare state, constitutional adjudication as an instrument of reform.

Uncertain Justice

Uncertain Justice
Author: Laurence Tribe
Publisher: Macmillan
Total Pages: 416
Release: 2014-06-03
Genre: Law
ISBN: 0805099093

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An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.

Rationing the Constitution

Rationing the Constitution
Author: Andrew Coan
Publisher:
Total Pages: 281
Release: 2019
Genre: Constitutional law
ISBN: 0674986954

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The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--

Democracy and Equality

Democracy and Equality
Author: Geoffrey R. Stone
Publisher: Oxford University Press, USA
Total Pages: 241
Release: 2020-01-06
Genre: LAW
ISBN: 019093820X

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From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.

Taking Back the Constitution

Taking Back the Constitution
Author: Mark Tushnet
Publisher: Yale University Press
Total Pages: 320
Release: 2020-07-14
Genre: Law
ISBN: 0300252900

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How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.

Is the Supreme Court the Guardian of the Constitution?

Is the Supreme Court the Guardian of the Constitution?
Author: Robert A. Licht
Publisher: American Enterprise Institute
Total Pages: 224
Release: 1993
Genre: Law
ISBN: 9780844738130

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This book examines the controversy surrounding the conventional wisdom that the Court is the guardian of the Constitution and the ultimate defender of our liberties.

The Idea of Human Rights

The Idea of Human Rights
Author: Michael J. Perry
Publisher: Oxford University Press, USA
Total Pages: 178
Release: 1998
Genre: Law
ISBN: 9780195138283

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Inspired by a 1988 trip to El Salvador, Michael J. Perry's new book is a personal and scholarly exploration of the idea of human rights. Perry is one of our nation's leading authorities on the relation of morality, including religious morality, to politics and law. He seeks, in this book, to disentangle the complex idea of human rights by way of four probing and interrelated essays.The book will appeal to students of many disciplines, including (but not limited to) law, philosophy, religion, and politics. Copyright © Libri GmbH. All rights reserved.