ISBN-10:
0313365253
ISBN-13:
9780313365256
Pub. Date:
02/07/2009
Publisher:
ABC-CLIO, Incorporated
Supreme Court and American Democracy: Case Studies on Judicial Review and Public Policy

Supreme Court and American Democracy: Case Studies on Judicial Review and Public Policy

by Earl Pollock

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Overview

Supreme Court and American Democracy: Case Studies on Judicial Review and Public Policy

There is almost no political question in the United States, wrote Alexis de Tocqueville, that is not resolved sooner or later into a judicial question. The U.S. Supreme Court is the ultimate arbiter of judicial questions, weighing the laws enacted by the people's representatives against the inviolable fundamental law embodied in the U.S. Constitution. Virtually every vital political and social issue comes before the Court: abortion, affirmative action, capital punishment, elections and voting, gay rights, gun control, separation of church and state, and more. This book presents living law, the case-by-case shaping of the law on each of these controversial issues, in the justices' own words and with informative commentary.

There is almost no political question in the United States, wrote Alexis de Tocqueville, that is not resolved sooner or later into a judicial question. The U.S. Supreme Court is the ultimate arbiter of judicial questions, weighing the laws enacted by the people's representatives against the inviolable fundamental law embodied in the U.S. Constitution. Virtually every vital political and social issue comes before the Court: abortion, affirmative action, capital punishment, elections and voting, gay rights, gun control, separation of church and state, and more. This book presents living law, the case-by-case shaping of the law on each of these controversial issues, in the justices' own words.

; Guide to the Court's functions and the ways in which it goes about its work

; Topically organized sequences of cases through which the law on particular issues evolved, including the facts of each case; the specific issues before the Court; the Court's decision, embodied in the text of the majority opinion; an account of all opinions handed down; and excerpts from the most influential concurrences and dissents

; Commentary summarizing current federal law on each of the controversial topics covered, with notes on the historical background—and in some cases the turbulent aftermath—of the Court's decisions

Product Details

ISBN-13: 9780313365256
Publisher: ABC-CLIO, Incorporated
Publication date: 02/07/2009
Pages: 432
Product dimensions: 7.20(w) x 10.10(h) x 1.10(d)

About the Author

Earl E. Pollock served as a law clerk for chief justices Fred M. Vinson and Earl Warren and participated in drafting opinions during one of the most exciting eras in U.S. Supreme Court history. He became Assistant to the U.S. Solicitor General and later had a long and distinguished career as a partner in a private law firm. He is the author of numerous law review articles.

Table of Contents

ACKNOWLEDGMENTS

INDEX OF CASE DIGESTS

INTRODUCTION

1. THE CONSTITUTION AND THE SUPREME COURT

2. FROM MARBURY TO RECONSTRUCTION

3. RACE DISCRIMINATION BY GOVERNMENT

4. RACE DISCRIMINATION BY PRIVATE PERSONS

5. MINORITY PREFERENCES

6. ABORTION AND THE RIGHT OF PRIVACY

7. TERMINAL ILLNESS ISSUES

8. GAY RIGHTS

9. FREEDOM OF SPEECH

10. FREEDOM OF THE PRESS

11. THE ESTABLISHMENT OF RELIGION CLAUSE

12. THE FREE EXERCISE CLAUSE

13. EXECUTIVE POWERS

14. VOTING AND ELECTIONS

15. CRUEL AND UNUSUAL PUNISHMENT

16. PROPERTY RIGHTS

17. THE SECOND AMENDMENT

APPENDIX AUNITED STATES CONSTITUTION

APPENDIX BSOME SUGGESTIONS FOR FURTHER READING

APPENDIX CINDEX OF OPINIONS BY JUSTICE

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