The Supreme Court in American Society: Equal Justice Under Law

Couverture
Kermit Hall
Taylor & Francis, 2001 - 788 pages
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The 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.
 

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Table des matières

on the Supreme Court Appointment Process
3
Reconstruction and the Waite Court
17
Civil Liberties and the American Supreme Court
58
On the Warren Court and Judicial Review
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
Droits d'auteur

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Expressions et termes fréquents

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.

À propos de l'auteur (2001)

Kermit L. Hall was Dean of the College of Humanities and Executive Dean of the Colleges of the Arts and Sciences, as well as a Professor of History and Law, at The Ohio State University. An expert in American constitutional and legal history, he was the Editor-in-Chief of The Oxford Companion to the
Supreme Court of the United States, which won awards from the American Bar Association, the New York Public Library, and the American Library Association.

Informations bibliographiques