Political Thought and the American Judiciary

Political Thought and the American Judiciary

by H. L. Pohlman
     
 

ISBN-10: 0870238302

ISBN-13: 9780870238307

Pub. Date: 06/15/1993

Publisher: University of Massachusetts Press

A collection of readings from over two hundred years of judicial decision-making, this volume explores the changing meaning of the central tenets of American political culture. Organized into chapters on natural law, freedom, democracy, equality, and privacy, the selections address issues ranging from the limits of free speech to the right to die with dignity, from

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Overview

A collection of readings from over two hundred years of judicial decision-making, this volume explores the changing meaning of the central tenets of American political culture. Organized into chapters on natural law, freedom, democracy, equality, and privacy, the selections address issues ranging from the limits of free speech to the right to die with dignity, from affirmative action to abortion. Together the judges' opinions reflect not only the influence of abstract ideas and ideals on the judiciary, but also the evolution of American political values.H. L. Pohlman introduces each chapter with an essay that traces the genealogy of the principle in question from antiquity to modern times. He also provides headnotes to each chapter subsection explaining the key facts of specific cases. For the most part, however, Pohlman allows the judges to speak for themselves.The opinions included in the book are drawn from state and lower courts as well as from the records of the United States Supreme Court. As a result, while some of the excerpts, such as Chief Justice Earl Warren's majority opinion in Brown v. Board of Education, are well known, others are less familiar. Whatever the source, each provides a unique perspective on the moral and political ambiguities that have shaped American History.

University of Massachusetts Press

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Product Details

ISBN-13:
9780870238307
Publisher:
University of Massachusetts Press
Publication date:
06/15/1993
Pages:
344
Product dimensions:
6.02(w) x 9.04(h) x 0.90(d)

Table of Contents

Preface
1Natural Law3
IRacial Suppression16
1Native American Indians16
2The Slave Trade24
3Runaway Slaves30
4Dred Scott and the Civil War35
IIEconomic Rights37
1Right of Contract37
2Private Property and the Right to Inherit44
IIIHuman Rights47
1Torture47
2Imprisonment of Excludable Aliens50
2Freedom56
IReligious Liberty66
1Exemptions66
Conscientious Objection67
Exemption from Drug Laws70
2Evolution and Secular Humanism72
Evolution73
Secular Humanism76
IIFree Speech80
1Illegal Advocacy80
Early Twentieth-Century Views81
The Suppression of the American Communist Party85
2Saluting and Burning the Flag93
Pledge of Allegiance94
Flag Burning99
IIIFree Press103
1Libel103
2Reporter's Right Not to Testify107
3Access and the Public's Right to Know113
IVEconomic Liberty117
1Right to Practice a Vocation117
2Liberty of Contract119
Early Views120
Later Views124
3Right to Unionize126
Right to Picket127
"Yellow Dog" Contracts130
3Democracy134
IRole of the Judiciary144
1Judicial Review144
2The Nature of Constitutional Adjudication150
IIThe Referendum156
IIISuffrage163
1Women163
2Poll Taxes166
3Literacy Tests170
IVApportionment172
1Unpopular Malapportionment172
2Popular Malapportionment178
VCampaign Regulation182
1Individuals and Political Committees182
2Corporations and Unions191
4Equality195
IRacial Equality206
1Equal Protection of the Law206
2The Japanese Internment Cases213
3Separate but Equal Education218
4The Duty to Integrate223
IISexual Equality228
1Exclusions from Professions228
2Protective Economic Legislation231
3Current Issues236
IIIAffirmative Action242
IVEconomic Equality254
1Lawyers and Transcripts254
2Education259
5Privacy266
IThe Home274
1A Castle274
2Aerial Surveillance of Backyards276
3Obscenity and Marijuana Use279
IIThe Right to Be Let Alone282
1Wiretapping282
2Hairstyles and Helmets286
IIIIntimate Association and Procreation293
1Marriage and Contraceptives293
2Abortion297
3Spousal Consent303
4Homosexuality306
IVThe Right to Die311
Index319
Index of Cases324

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