From revered judicial authority—author of Louis D. Brandeis, Division and Discord, andSupreme Decisions—a major book that looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting (226 years) public policy debate in the country's history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States. Melvin Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. InDissent and the Supreme Court, he explores the great dissents throughout the Court's 226-year-history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court's majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue, Urofsky writes, is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis's dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice Harlan inPlessy v. Ferguson (1896)—that segregation on the basis of race violated the Constitution—in its decision inBrown v. Board of Education (1954). (With black-and-white illustrations throughout.)
Pink, 315 U.S. 203, 225 (1942) To resolve these difficulties, nations have often entered into agreements settling the claims of their respective nationals. As one treatise writer puts it, international agreements settling claims by ...
In 1916 , Hughes resigned to run for the presidency on the Republican and Progressive tickets against Woodrow Wilson . On election eve , he went to bed thinking that he was President , but when the final returns were counted , he had ...
Constitutional Law in Context
Constitutional Law in Context
See Peter Bachrach , The Theory of Democratic Elitism : A Critique ( Boston : Little , Brown , 1967 ) ; David M. Ricci , " Democracy Attenuated : Schumpeter , the Process Theory , and American Democratic Thought , " Journal of Politics ...
Turner redivivus. On remand, a three judge federal court held 2-1, that, using the O'Brien standard, there was substantial evidence justifying the congressional judgment that must-carry was necessary “to protect the economic health of ...
The first of its kind, LexisNexis Glance Cards are dynamic and easy-to-use cards that cover the major core subject areas of law, including Criminal, Contract, Property, Trusts, Equity, Corporations, Constitutional, Administrative, Evidence ...
With special reference to the experience of Britain and Germany, this book examines the dilemma faced by constitutional governments in trying to draft anti-terrorist laws while preserving civil liberties.
McCarthy led a group who believed that a runaway presidency was a major cause of continued American participation in the Vietnam war and that a way to withdraw from the war was to curb the presidency . Robert Kennedy , after an earlier ...
Constitución española y leyes políticas