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9780815337577

The Supreme Court in American Society Reader: Equal Justice Under Law

by ;
  • ISBN13:

    9780815337577

  • ISBN10:

    0815337574

  • Format: Nonspecific Binding
  • Copyright: 2000-12-19
  • Publisher: Routledge
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Summary

The essays in this volume represent some of the best writing done about the history, political dynamics, and legal development of the Supreme Court. They remind us that interest in the court as not just a legal but a political and cultural entity has been prodigious. No other court has attracted anything approaching the scholarly attention on the so-called "Marble Palace" in Washington, D.C. Biographers, such as Bernard Schwartz and G. Edward White, remind us that talent on the high bench has made a difference in the growth of judicial power and in adjusting the Constitution to fit emerging social realities. The essays in this landmark collection deal with the social controversies that have reached the Court and the ways in which the justices attempted to deal with them and the results of their doing so. TheSupreme Court in American Societyserves as a powerful reminder of how important the Court has been to American life, how central a role it has played in interpreting the rule of lawagainst a constantly evolving social order, and how much it has mirrored the controversies, debates, and political struggles of American History.

Table of Contents

Introduction v
``A Bench Happily Filled:'' Some Historical Reflections on the Supreme Court Appintment Process
2(15)
Henry Abraham
Preserving Federalism: Reconstruction and the Waite Court
17(41)
Michael Les Benedict
Civil Liberties and the American Supreme Court
58(14)
Loren P. Beth
On the Warren Court and Judicial Review
72(25)
Jesse H. Choper
The Role of the Supreme Court in American History
97(20)
Archibald Cox
Decision-Making in a Democracy: The Supreme Court as a National Policy-Maker
117(17)
Robert A. Dahl
The Wages of Crying Wolf: A Comment on Roe v. Wade
134(30)
John Hart Ely
McCleskey v. Kemp: Race, Capital Punishment, and the Supreme Court
164(56)
Randall L. Kennedy
The Supreme Court in Periods of Critical Realignment
220(15)
William Lasser
The Supreme Court as Republican Schoolmaster
235(54)
Ralph Lerner
The Origins of Franklin D. Roosevelt's ``Court-Packing'' Plan
289(54)
William E. Leuchtenburg
Judicial Activism: Old and New
343(42)
Alpheus Thomas Mason
The Origins and Historical Understanding of Free Exercise of Religion
385(110)
Michael W. McConnell
Supreme Court Superstars: The Ten Greatest Justices
495(68)
Bernard Schwartz
``States' Rights'' and the Origins of the Supreme Court's Power as Arbiter in Federal-State Relations
563(14)
John R. Schmidhauser
Racist Speech, Democracy, and the First Amendment
577(62)
Robert C. Post
The Birth Order Oddity in Supreme Court Appointments
639(8)
Paul J. Weber
The Integrity of Holmes' Jurisprudence
647(40)
G. Edward White
The Supreme Court, the Equal Proptection Clause, and the Three Faces of Constitutional Equality
687(75)
J. Harvie Wilkinson III
A Theory of U.S. Constitutional History
762(25)
Christopher Wolfe
Acknowledgments 787

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