The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law

The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law

by Adam Lamparello, Cynthia Swann

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Product Details

ISBN-13: 9781138222441
Publisher: Taylor & Francis
Publication date: 12/16/2016
Series: Controversies in American Constitutional Law Series
Edition description: New Edition
Pages: 264
Product dimensions: 6.75(w) x 9.75(h) x (d)

About the Author

Adam Lamparello is a law professor and attorney who has taught at Loyola University College of Law in New Orleans, Louisiana and Mercer University School of Law in Macon, Georgia.

Cynthia Swann is a law professor and attorney who has over twenty years of practice experience in Washington, D.C., and who has taught at the Appalachian School of Law.

Table of Contents


Part 1: The Cases that Prohibited the Legislative and Executive Branches from Remedying Inequalities in the Political and Democratic Process

1. Citizens United v. FEC

2. McCutcheon v. FEC

3. Clinton v. New York

4. U.S. Term Limits v. Thornton

Part 2: The Cases in which the Court Inappropriately Deferred to the Legislative and Executive Branches

5. Chevron, Inc., v. Natural Resources Defense Council

6. Korematsu v. U.S

Part 3: The Cases that Expanded Judicial Review at the Expense of Democratic Governance

7. Griswold v. Connecticut

8. Roe v. Wade

9. Planned Parenthood of Southeastern Pennsylvania v. Casey

10. Lawrence v. Texas

11. Obergefell v. Hodges

Part 4: The Cases that Weakened Individual Rights and Promoted Inequality

12. The Slaughterhouse Cases

13. Milliken v. Bradley

14. San Antonio School District Rodriguez

15. McClesky v. Kemp

16. General Elec. Co. v. Gilbert

17. Kelo v. City of New London

Part 5: The Cases that Encroached on State Authority and Individual Autonomy

18. Lochner v. New York

19. Wickard v. Filburn

20. Important Cases that Did Not Make the List

Part 5: The Landmark cases that Strengthened Democracy, Promoted Federalism and the Rule of Law, and Preserved the Court’s Institutional Legitimacy

21. Brown v. Board of Education

22. Washington v. Glucksberg

23. Austin v. Michigan Chamber of Commerce

24. United States v. Nixon

25. United States v. Lopez

26. Texas v. Johnson

27. Gideon v. Wainwright

Part 6: An Interpretive Theory that Promotes Federal, Separation of Powers, and Principled Judicial Review

28. Is Democracy a Good Thing? The Arguments – and the Practicalities

29. Foundational Principles for A Pro-Democracy and Process-Oriented Jurisprudence

30. Applying the Foundational Principles To the "Worst" Supreme Court Decisions and Arriving At Non-Ideological, Process-Oriented, and Pro-Democracy Outcomes

Concluding Thoughts

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