Topic: Politics, Law and Government / Law

 
Foreshadows of the Law
Supreme Court Dissents and Constitutional Development
Donald E. Lively
978-0-31306-781-5

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Foreshadows of the Law

Supreme Court Dissents and Constitutional Development

Donald E. Lively Donald E. Lively

November 1992

Praeger

Cover
Pages
Volumes
Size
Hardcover
200
1
6 1/8x9 1/4
 
ISBN
eISBN
978-0-275-94382-0
978-0-313-06781-5
Print in Stock
$119.95

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Shows how Supreme Court dissenting opinions later came to prevail in redefining the Constitution.

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.
Preface
Introduction: Judicial Review and Constitutional Development
A Constitutional Right in Slavery
Images of a New Union
Constitutional Redefinition and National Reconstruction
The Rise, Demise and Resurrection of Substantive Due Process
Color and the Constitution
Freedom of Speech: The "Indispensable" Liberty
The Right to Be Let Alone
Reviews
As a law professor and as the author of three well-respected texts in the realm of constitutional law, Lively is clearly qualified to prepare this book on Supreme Court dissenting opinions. The book is clearly written and up to date. Advanced undergraduate through faculty.—Choice





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