Author: Jeffrey D. Hockett
Publisher: University of Virginia Press
ISBN: 0813933757
Category : Law
Languages : en
Pages : 446
Book Description
On the way to offering a new analysis of the basis of the Supreme Court’s iconic decision in Brown v. Board of Education, Jeffrey Hockett critiques an array of theories that have arisen to explain it and Supreme Court decision making generally. Drawing upon justices’ books, articles, correspondence, memoranda, and draft opinions, A Storm over This Court demonstrates that the puzzle of Brown’s basis cannot be explained by any one theory. Borrowing insights from numerous approaches to analyzing Supreme Court decision making, this study reveals the inaccuracy of the popular perception that most of the justices merely acted upon a shared, liberal preference for an egalitarian society when they held that racial segregation in public education violates the equal protection clause of the Fourteenth Amendment. A majority of the justices were motivated, instead, by institutional considerations, including a recognition of the need to present a united front in such a controversial case, a sense that the Court had a significant role to play in international affairs during the Cold War, and a belief that the Court had an important mission to counter racial injustice in American politics. A Storm over This Court demonstrates that the infusion of justices’ personal policy preferences into the abstract language of the Constitution is not the only alternative to an originalist approach to constitutional interpretation. Ultimately, Hockett concludes that the justices' decisions in Brown resist any single, elegant explanation. To fully explain this watershed decision—and, by implication, others—it is necessary to employ a range of approaches dictated by the case in question.
A Storm over This Court
Storm Over the American Supreme Court
Author: Paul Abraham Freund
Publisher:
ISBN:
Category :
Languages : en
Pages : 14
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 14
Book Description
Storm Over the American Supreme Court
Author: Paul A. Freund
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Publisher:
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Category :
Languages : en
Pages : 0
Book Description
CBS Reports, Storm Over the Supreme Court
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 80
Book Description
Publisher:
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Category :
Languages : en
Pages : 80
Book Description
Storm Center
Author: David M. O'Brien
Publisher: W. W. Norton
ISBN: 9780393927047
Category : Political Science
Languages : en
Pages : 439
Book Description
The title of this update of the 2003 edition derives from Justice Oliver Wendell Holmes' comment that the US Supreme Court is a storm center of political controversy. In a balanced treatment of the Court's power and curbs on its power, O'Brien (government and foreign affairs, U. of Virginia) expands discussion of how changes in the Court's compos
Publisher: W. W. Norton
ISBN: 9780393927047
Category : Political Science
Languages : en
Pages : 439
Book Description
The title of this update of the 2003 edition derives from Justice Oliver Wendell Holmes' comment that the US Supreme Court is a storm center of political controversy. In a balanced treatment of the Court's power and curbs on its power, O'Brien (government and foreign affairs, U. of Virginia) expands discussion of how changes in the Court's compos
Storm Over the Constitution
Author: Harry V. Jaffa
Publisher: Lexington Books
ISBN: 9780739100417
Category : Biography & Autobiography
Languages : en
Pages : 212
Book Description
Written by one of America's foremost political and legal theorists, Storm Over the Constitution examines the arguments of some of the leading proponents of the doctrine of 'original intent.' According to legal scholars such as Judge Robert Bork, Lino Gralia, Charles Cooper, and Supreme Court Justice Antonin Scalia, a jurisprudence of original intent requires that judges bring no theory to the interpretation of the Constitution. In this brilliant new book, Harry Jaffa illustrates how judges under the influence of this definition of 'original' intent particularly neglect the Declaration of Independence as a guide. Jaffa shows that this definition is, from the point of view of the American Founding, anything but original; moreover, it is openly hostile to the natural-rights theory of those who wrote and ratified the Constitution. The author implores Americans to follow the example set by Abraham Lincoln, who admired the Declaration of Independence more openly, interpreted it more deeply, and implemented it more practically than any other president before or since. Lincoln's achievement fulfilled a tradition of civic understanding and scholarship closer in time and purpose to the founders, and was thus more 'original.'
Publisher: Lexington Books
ISBN: 9780739100417
Category : Biography & Autobiography
Languages : en
Pages : 212
Book Description
Written by one of America's foremost political and legal theorists, Storm Over the Constitution examines the arguments of some of the leading proponents of the doctrine of 'original intent.' According to legal scholars such as Judge Robert Bork, Lino Gralia, Charles Cooper, and Supreme Court Justice Antonin Scalia, a jurisprudence of original intent requires that judges bring no theory to the interpretation of the Constitution. In this brilliant new book, Harry Jaffa illustrates how judges under the influence of this definition of 'original' intent particularly neglect the Declaration of Independence as a guide. Jaffa shows that this definition is, from the point of view of the American Founding, anything but original; moreover, it is openly hostile to the natural-rights theory of those who wrote and ratified the Constitution. The author implores Americans to follow the example set by Abraham Lincoln, who admired the Declaration of Independence more openly, interpreted it more deeply, and implemented it more practically than any other president before or since. Lincoln's achievement fulfilled a tradition of civic understanding and scholarship closer in time and purpose to the founders, and was thus more 'original.'
Storm Over the Supreme Court
Author:
Publisher:
ISBN:
Category : Religion in the public schools
Languages : en
Pages : 80
Book Description
Publisher:
ISBN:
Category : Religion in the public schools
Languages : en
Pages : 80
Book Description
Two Men Before the Storm
Author: Gregory Wallance
Publisher: Greenleaf Book Group
ISBN:
Category : Fiction
Languages : en
Pages : 358
Book Description
In the early 1850s, Arba Crane, a young Harvard Law School graduate, arrived in St Louis to begin his law career. Working alone late in the evenings, Crane forms a friendship with the office janitor, a slave named Dred Scott. As Scott recounts his life as a slave, Crane realizes that Scott has a legal claim to freedom and persuades him to file a lawsuit. Crane fights for Scott's rights for years. The case reaches the US Supreme Court before a spellbound country. But the Court's catastrophic decision in Scott v. Sandford holds that slaves are property without rights and that Congress has no power to halt the spread of slavery. While the decision marks the beginning of the path to civil war, it is not the end of Dred Scott's quest for freedom. Two Men Before the Storm is a work of fiction (with detailed historical endnotes) based on historical events: the profound friendship between a young lawyer and a slave and a fight for justice that fundamentally changed our nation.
Publisher: Greenleaf Book Group
ISBN:
Category : Fiction
Languages : en
Pages : 358
Book Description
In the early 1850s, Arba Crane, a young Harvard Law School graduate, arrived in St Louis to begin his law career. Working alone late in the evenings, Crane forms a friendship with the office janitor, a slave named Dred Scott. As Scott recounts his life as a slave, Crane realizes that Scott has a legal claim to freedom and persuades him to file a lawsuit. Crane fights for Scott's rights for years. The case reaches the US Supreme Court before a spellbound country. But the Court's catastrophic decision in Scott v. Sandford holds that slaves are property without rights and that Congress has no power to halt the spread of slavery. While the decision marks the beginning of the path to civil war, it is not the end of Dred Scott's quest for freedom. Two Men Before the Storm is a work of fiction (with detailed historical endnotes) based on historical events: the profound friendship between a young lawyer and a slave and a fight for justice that fundamentally changed our nation.
Supreme Power: Franklin Roosevelt vs. the Supreme Court
Author: Jeff Shesol
Publisher: W. W. Norton & Company
ISBN: 0393079414
Category : History
Languages : en
Pages : 673
Book Description
"A stunning work of history."—Doris Kearns Goodwin, author of No Ordinary Time and Team of Rivals Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices—and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.
Publisher: W. W. Norton & Company
ISBN: 0393079414
Category : History
Languages : en
Pages : 673
Book Description
"A stunning work of history."—Doris Kearns Goodwin, author of No Ordinary Time and Team of Rivals Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices—and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.
The U.S. Supreme Court and New Federalism
Author: Christopher P. Banks
Publisher: Rowman & Littlefield
ISBN: 0742535045
Category : Law
Languages : en
Pages : 363
Book Description
Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation
Publisher: Rowman & Littlefield
ISBN: 0742535045
Category : Law
Languages : en
Pages : 363
Book Description
Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation