Robert George opens with an illuminating survey of the themes that unite and divide the five cases. Other contributors then examine each case in detail through a lively commentary-and-response format. Mark Tushnet and Jeremy Waldron exchange views on Marbury v. Madison, the pivotal 1803 case that established the power of the courts to invalidate legislation. Cass Sunstein and James McPherson discuss Dred Scott v. Sandford (1857), the notorious case that confirmed the rights of slaveowners, declared that black people could not be American citizens, and is often seen as a cause of the Civil War. Hadley Arkes and Donald Drakeman explore the legacy of Lochner v. New York (1905), a case that ushered in decades of judicial hostility to social welfare laws. Earl Maltz and Walter Murphy assess Brown v. Topeka Board of Education (1954), the famous case that ended racial segregation in public schools. Finally, Jean Bethke Elshtain and George Will tackle Roe v. Wade (1973), still a flashpoint a quarter of a century later in the debate over abortion. While some of the contributors show sympathy for strong judicial interventions on social issues, many across the ideological spectrum are sharply critical of judicial activism.
A compelling introduction to the greatest cases in U.S. constitutional law, this is also an enlightening glimpse of the state of the art in American legal scholarship.
Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems.
Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order.
This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.
Before beginning his academic career, Ely was the junior member of the Warren Commission's sixteen-lawyer staff, Chief Justice Earl Warren's law clerk, and a public defender in San Diego; and during the Ford Administration he took time off to serve as the third-ranking official of the U.S. Department of Transportation. This book reflects his various experience. It comments on many of the past quarter century's "hot button" issues--including abortion, affirmative action, anti-Communist legislation, busing, flag burning, governmental display of nativity scenes, the Nixon impeachment, "trial by newspaper," the Clarence Thomas-Anita Hill contretemps, congressionally unauthorized war in the Persian Gulf and Bosnia, and whether the Warren Commission Report should be officially reexamined.
Tarr shows that state constitutional politics are dominated by three crucial issues with little salience at the national level: the distribution of power among groups and regions within states, the scope of state and local governmental authority, and the relation of the state to economic activity. He explains how state constitutions differ from the national Constitution in treating not only matters of high principle but also such mundane subjects as ski trails and motor vehicle revenues. He also explores why state constitutions, unlike their federal counterpart, have been so frequently amended and replaced. Tarr concludes that the United States not only has a system of dual constitutionalism but also has dual constitutional cultures.
Powerfully argued and meticulously researched, the book fills an important gap in political and legal studies and finally gives state constitutions the scholarly attention they richly deserve.
The Founders created a new cultural climate that gave wings to the human spirit. They built a free-enterprise culture to encourage industry and prosperity. They gave humanity the needed ingredients for a gigantic 5,000-year leap in which more progress has been made in the past 200 years than all of prior recorded human history. All of this came about because of 28 basic principles the Founders discovered, upon which all free nations must be built in order to succeed.
This eBook includes the original index, footnotes, table of contents and page numbering from the printed format, and also new illustrations.
Grisez's reconsideration of the philosophical foundations of Christian moral teaching, seeking to eliminate both legalistic interpretation and theological dissent, has won the support of a number of leading Catholic moralists. In the past decade, moreover, many philosophers outside of Catholicism have weighed carefully Grisez's alternatives to theories that have long dominated secular moral philosophy.
This book presents a broad spectrum of viewpoints on subjects ranging from contraception to capital punishment and considers such controversies as the scriptural basis of Grisez's work his interpretations of Aquinas, and his new natural law theory. The collection includes not only contributions from Grisez's supporters but also from critics of his thought, from proportionalist Edward Collins Vacek, SJ, to the neo-Thomist Ralph McInerny. A reply by Grisez, written with Joseph M. Boyle Jr., addresses the issues and viewpoints expressed, while an afterword by Russell Shaw reviews Grisez's pioneering work and conveys a vivid sense of the philosopher's personality.
As Grisez's influence grows, this volume will serve as an important touchstone on his contributions to moral and political philosophy and theology.