Foreshadows of the Law: Supreme Court Dissents and Constitutional Development

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Greenwood Publishing Group, 1992 - Law - 168 pages


The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the Constitution. Each opinion arises from a rich historical context and involves constitutional issues of pointed significance. Vivid descriptions of some of the colorful personalities behind the opinions add appeal. Lively conveys the evolutionary and dynamic nature of the law demonstrating the relationship between present and past understanding of the Constitution. He describes the competitive nature of constitutional development and identifies the relevance of factors including subjective preference, values, vying theories, and ideologies.

The role of the Court, is addressed as are the federal government's relationship to the states and their citizens; slavery; property rights; substantive due process; freedom of speech; and the right to be left alone. This is a clearly presented and highly instructive consideration of how the Constitution's interpretation has been fashioned over time with important insights relevant to today's Court and contemporary cases.

 

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Contents

A Constitutional Right in Slavery
xxi
Images of a New Union
17
Constitutional Redefinition and National Reconstruction
35
The Rise Demise and Resurrection of Substantive Due Process
55
Color and the Constitution
79
Freedom of Speech The Indispensable Liberty
105
The Right to Be Let Alone
129
Afterword
153
Index
155
Copyright

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About the author (1992)

DONALD E. LIVELY is a Professor of Law at the University of Toledo College of Law. He is the author of Modern Communications Law (Praeger, 1991), Essential Principles of Communications Law (Praeger, 1991), and The Constitution and Race (Praeger, 1992).

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