The Supreme Court in American Society: Equal Justice Under LawThe Supreme Court in American Society serves as a powerful reminder of how important the Court has been to American life, how central a role it has played in interpreting the rule of law against a constantly evolving social order, and how much it has mirrored the controversies, debates, and political struggles of American History. |
Avis des internautes - Rédiger un commentaire
Aucun commentaire n'a été trouvé aux emplacements habituels.
Table des matières
| 3 | |
| 17 | |
| 58 | |
| 72 | |
The Role of the Supreme Court in American History | 97 |
A Comment on Roe v Wade | 134 |
The Supreme Court in Periods of Critical Realignment | 220 |
The Supreme Court as Republican Schoolmaster | 235 |
The Origins and Historical Understanding | 385 |
The Ten Greatest Justices | 495 |
States Rights and the Origins of the Supreme Courts Power | 563 |
Racist Speech Democracy and the First Amendment | 577 |
The Birth Order Oddity in Supreme Court Appointments | 639 |
The Integrity of Holmes Jurisprudence | 647 |
The Supreme Court the Equal Proptection Clause | 687 |
A Theory of U S Constitutional History | 762 |
The Origins of Franklin D Roosevelts CourtPacking Plan | 289 |
Old and | 343 |
Acknowledgments | 787 |
Autres éditions - Tout afficher
The Supreme Court in American Society: Equal Justice Under Law Kermit Hall Aucun aperçu disponible - 2000 |
Expressions et termes fréquents
action American appointed argued argument Baldus Bill of Rights Black Brandeis Brennan capital punishment capital sentencing Chief Justice citizens civil claim concept Congress conscience constitutional constitutionality criminal critical death penalty debate decision defendant democracy democratic discrimination dissenting doctrine Dred Scott due process duty economic election enforcement equal protection equal protection clause established FDRL federal Federalist Felix Frankfurter Fourteenth Amendment Frankfurter free exercise clause fundamental governmental groups Harlan HARV Holmes individual interest interpretation issue James Madison Jefferson judges judicial activism judicial review judiciary jurisprudence jury legislative legislature liberty limited Madison majority Marshall McCleskey ment note 17 opinion persons President principle prohibition public discourse punishment question race racial racist speech regulation reprinted Republican role Roosevelt rule Senate social society statute supra note Supreme Court Taney theory tion United violation Virginia vote Warren Court
Fréquemment cités
Page 353 - If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.
Page 362 - All, too, will bear in mind this sacred principle, that, though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable ; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression.
Page 567 - ... to appoint by joint consent commissioners or judges, to constitute a court for hearing and determining the matter in question...
Page 567 - The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following.
Page 217 - In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently.
Page 768 - I know no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education.
Page 21 - The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment...
Page 103 - The genius and character of the whole government seem to be that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally...
Page 148 - Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.
Page 549 - The constitutional guarantees require, we think, a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice" — that is, with knowledge that it was false or with reckless disregard of whether it was false or not.

