Great Cases in Constitutional Law

Book Overview

Slavery, segregation, abortion, workers' rights, the power of the courts. These issues have been at the heart of the greatest constitutional controversies in American history. And in this concise and thought-provoking volume, some of today's most distinguished legal scholars and commentators explain for a general audience how five landmark Supreme Court cases centered on those controversies shaped the country's destiny and continue to affect us even now. The book is a profound exploration of the Supreme Court's importance to America's social and political life. It is also, as many of the contributors show, an intriguing reflection of what some have seen as an important trend in legal scholarship away from an uncritical belief in the essentially benign nature of judicial power.

Robert George opens with an illuminating survey of the themes that unite and divide the five cases. Other contributors then examine each case in detail through a lively commentary-and-response format. Mark Tushnet and Jeremy Waldron exchange views on Marbury v. Madison, the pivotal 1803 case that established the power of the courts to invalidate legislation. Cass Sunstein and James McPherson discuss Dred Scott v. Sandford (1857), the notorious case that confirmed the rights of slaveowners, declared that black people could not be American citizens, and is often seen as a cause of the Civil War. Hadley Arkes and Donald Drakeman explore the legacy of Lochner v. New York (1905), a case that ushered in decades of judicial hostility to social welfare laws. Earl Maltz and Walter Murphy assess Brown v. Topeka Board of Education (1954), the famous case that ended racial segregation in public schools. Finally, Jean Bethke Elshtain and George Will tackle Roe v. Wade (1973), still a flashpoint a quarter of a century later in the debate over abortion. While some of the contributors show sympathy for strong judicial interventions on social issues, many across the ideological spectrum are sharply critical of judicial activism.

A compelling introduction to the greatest cases in U.S. constitutional law, this is also an enlightening glimpse of the state of the art in American legal scholarship.

• Format: Paperback
• Language: English
• ISBN: 0691049521
• ISBN13: 9780691049526
• Release Date: January 1
• Publisher: Princeton University Press
• Length: 216 Pages
• Weight: 1.00 lbs.
• Dimensions: 0.6" x 6.1" x 9.2"

Customer Reviews

A must-read for every concerned American.

I was watching a program on C-SPAN where the Supreme Court's past year was reviewed. I became aware of how shallow my understanding was of some seminal cases like Marbury v Madison, Roe v Wade etc. So I got this book. The writing style is beautiful and quite succinct. In case after case implications and nuances of the arguments are quite fascinating. I probably would not come down on the side of a strict constructionist interpretation of the Constitution but this book certainly shed some light on my thinking. I am not a lawyer so this review should be taken for what it's worth. However, if you wish to know more about how the Constitution is interpreted using some seminal Case Law this book is for you. An excellent resource.

Essays on the Supreme Court

Based on a series of lectures given at Princeton University, Great Cases in Constitutional Law analyzes five major Supreme Court Cases: Marbury v. Madison, Dred Scott v. Stanford, Lochner v. New York, Brown v. Board of Education and Roe v. Wade. The slant of the lectures is clear: the Supreme Court should play less of a role in substantively interpreting the Constitution. Several lectures play devil's advocate: Hadley Arkes defends the notorious Lochner case, while Edward Maltz criticises the hallowed Brown decision. The conservative slant of the book's editor, Princeton Professor Robert P. George, can be seen in the two lectures about abortion. With every other case, one writer generally attacks, while the other defends the Supreme Court's decision. Even with Dred Scott, Prof. James McPhereson notes that the outcome of the decision was not bad--northern anger over the ruling likely prompted the election of Lincoln. But with abortion, both lecturers tear into Roe v. Wade. The quality of both Roe essays, written by Jean Bethke Elshtain and George Will, is surprising low. Both are polemical and disorganized, both wander into the moral and philosophical realms rather than focusing on issues of Constitutional Law. But on the whole, the book represents a fascinating exploration of some of the major Supreme Court cases in US history.

A must

This is the type of text that all Americans should readNot that there is anything earth shatterning herebut the lay reader is introduced to the basics of debateconcerning the Supreme court and Constitutional Law.The Constitution is ours "We the People" not the lawyers'.Read this book and reclaim it.

Great Constitutional Cases

This book is superb. Not only does George compile a list of great names in constitutional law into one book, but also these authors give insight into the most controversial cases of all time. For example, Hadley Arkes's defense of Lochner v. New York is astounding. This book is a must for every intelligent citizen.