By Peter Irons

ISBN-10: 0143037382

ISBN-13: 9780143037385

Recent adjustments within the ideal court docket have put the venerable establishment on the vanguard of present affairs, making this entire and interesting paintings as well timed as ever. within the culture of Howard Zinn's vintage A People's heritage of the United States, Peter Irons chronicles the choices that experience stimulated nearly each element of our society, from the debates over judicial energy to arguable rulings some time past relating to slavery, racial segregation, and abortion, in addition to extra present situations approximately institution prayer, the Bush/Gore election effects, and "enemy combatants."   A finished background of the folks and instances that experience replaced heritage, this can be the definitive account of the nation's maximum court.

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Additional info for A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution (Revised Edition)

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Wade (1973), dramatically politicized the process by which Supreme Court justices are nominated and confirmed. Constitutional practices in the twenty-first century, the American past suggests, are likely to be as influenced by rapid changes in technology and the price of oil as by partisan competition and the text of Article III. The fate of the Internet and gas pump, in turn, are likely to be held hostage, in part, to dominant conceptions of the First Amendment and executive power. 24 american constitutionalism 2.

21 Whether a constitution can be meaningfully interpreted without a background knowledge of fundamental cultural and social practices, however, is contestable. On what basis, after all, can constitutional interpreters assume that the Constitution of the United States is written in English? The claim that popular majorities should determine whether marriage is a fundamental right seems rooted in a constitutional commitment to majoritarianism or democracy that is nowhere explicitly mentioned in the constitutional text.

The correct position may depend in part on whether fundamental law or limited government is more central to contemporary American constitutionalism. The legitimacy of the New Deal, which rested on assertions of broad constitutional power to legislate in the national interest, may be at stake in this debate. ’ ” Constitutionalism, so conceptualized, is more than a commitment to the rule of law. ” Constitutions by their nature establish textual and practical protections for certain liberties. ” Walter Murphy, James Fleming, Sotirios Barber, and Stephen Macedo agree that, where individual rights are concerned: The legitimacy of public policy depends, .

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A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution (Revised Edition) by Peter Irons


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