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The Supreme Court and American Democracy: Case Studies on Judicial Review and Public Policy

Autor Earl Pollock
en Limba Engleză Hardback – 29 dec 2008 – vârsta până la 17 ani
There is almost no political question in the United States, wrote Alexis de Tocqueville, that is not resolved sooner or later into a judicial question. The U.S. Supreme Court is the ultimate arbiter of judicial questions, weighing the laws enacted by the people's representatives against the inviolable fundamental law embodied in the U.S. Constitution. Virtually every vital political and social issue comes before the Court: abortion, affirmative action, capital punishment, elections and voting, gay rights, gun control, separation of church and state, and more. This book presents living law, the case-by-case shaping of the law on each of these controversial issues, in the justices' own words and with informative commentary.There is almost no political question in the United States, wrote Alexis de Tocqueville, that is not resolved sooner or later into a judicial question. The U.S. Supreme Court is the ultimate arbiter of judicial questions, weighing the laws enacted by the people's representatives against the inviolable fundamental law embodied in the U.S. Constitution. Virtually every vital political and social issue comes before the Court: abortion, affirmative action, capital punishment, elections and voting, gay rights, gun control, separation of church and state, and more. This book presents living law, the case-by-case shaping of the law on each of these controversial issues, in the justices' own words. ; Guide to the Court's functions and the ways in which it goes about its work ; Topically organized sequences of cases through which the law on particular issues evolved, including the facts of each case; the specific issues before the Court; the Court's decision, embodied in the text of the majority opinion; an account of all opinions handed down; and excerpts from the most influential concurrences and dissents ; Commentary summarizing current federal law on each of the controversial topics covered, with notes on the historical background-and in some cases the turbulent aftermath-of the Court's decisions
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Specificații

ISBN-13: 9780313365256
ISBN-10: 0313365253
Pagini: 432
Dimensiuni: 178 x 254 x 28 mm
Greutate: 0.91 kg
Editura: Bloomsbury Publishing
Colecția Greenwood
Locul publicării:New York, United States

Notă biografică

Earl E. Pollock served as a law clerk for chief justices Fred M. Vinson and Earl Warren and participated in drafting opinions during one of the most exciting eras in U.S. Supreme Court history. He became Assistant to the U.S. Solicitor General and later had a long and distinguished career as a partner in a private law firm. He is the author of numerous law review articles.

Cuprins

ACKNOWLEDGMENTSINDEX OF CASE DIGESTSINTRODUCTION1. THE CONSTITUTION AND THE SUPREME COURT2. FROM MARBURY TO RECONSTRUCTION3. RACE DISCRIMINATION BY GOVERNMENT4. RACE DISCRIMINATION BY PRIVATE PERSONS5. MINORITY PREFERENCES6. ABORTION AND THE RIGHT OF PRIVACY7. TERMINAL ILLNESS ISSUES8. GAY RIGHTS9. FREEDOM OF SPEECH10. FREEDOM OF THE PRESS11. THE ESTABLISHMENT OF RELIGION CLAUSE12. THE FREE EXERCISE CLAUSE13. EXECUTIVE POWERS14. VOTING AND ELECTIONS15. CRUEL AND UNUSUAL PUNISHMENT16. PROPERTY RIGHTS17. THE SECOND AMENDMENTAPPENDIX AUNITED STATES CONSTITUTIONAPPENDIX BSOME SUGGESTIONS FOR FURTHER READINGAPPENDIX CINDEX OF OPINIONS BY JUSTICE

Recenzii

Pollock, an attorney, considers the controversial role of the US Supreme Court in public policy issues and specific cases relating to abortion, gay rights, physician-assisted suicide, racial segregation, affirmative action, slavery, due process, elections and voting, freedom of expression, church and state, the powers of the president, capital punishment, gay rights,religion, and property rights. He summarizes the basic constitutional law principles, explains the Court's function and work, and recounts the background and aftermath of decisions in specific cases, with summaries of all filed opinions.