Description
Book SynopsisSlavery, segregation, abortion, workers' rights, and the power of the courts have been the greatest constitutional controversies in American history. This work explains how five Supreme Court cases centered on those controversies shaped the country's destiny. It explores the Supreme Court's importance to America's social and political life.
Trade Review"This book provides an excellent overview of landmark Supreme Court Cases, most of which impacted the court's power and direction."--Booklist "A collection of scholarly but accessible essays... The principal essays range in style from professorial disputation to impassioned moral advocacy... [This] volume thoughtfully explains the views of those who advocate more of the original Constitution, and less of the Supreme Court, in American political life."--Publishers Weekly "All essays provide interesting insight into the concepts of judicial review and judicial activism... [An] excellent book... I highly recommend it to all."--Ruth Ann Wary, Law and Politics Book Review
Table of ContentsContributors vii Introduction Robert P. George 3 CHAPTER ONE Marbury v. Madison and the Theory of Judicial Supremacy Mark Tushnet 17 CHAPTER TWO "Despotism in Some Form": Marbury v. Madison Jeremy Waldron 55 CHAPTER THREE Dred Scott v. Sandford and Its Legacy Cass R. Sunstein 64 CHAPTER FOUR Politics and Judicial Responsibility: Dred Scott v. Sandford James M. McPherson 90 CHAPTER FIVE Lochner v. New York and the Cast of Our Laws Hadley Arkes 94 CHAPTER SIX The Substance of Process: Lochner v. New York Donald Drakeman 130 CHAPTER SEVEN Brown v. Board of Education and "Originalism" Earl Maltz 136 CHAPTER EIGHT Originalism-The Deceptive Evil: Brown v. Board of Education Walter F. Murphy 154 CHAPTER NINE Roe v. Wade: Speaking the Unspeakable Jean Bethke Elshtain 175 CHAPTER TEN Judicial Power and Abortion Politics: Roe v. Wade George Will 192 Index 201
