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The Supreme Court and American Democracy Case Studies on Judicial Review and Public Policy
Earl E. Pollock
ISBN: 0-313-36525-3
ISBN-13: 978-0-313-36525-6
432 pages
Greenwood Press
Publication: 12/30/2008
List Price: $95.00 (UK Sterling Price: £65.95)
Availability: In Stock
Media Type: Hardcover
Trim Size: 7 x 10
Subjects: Reviews:
  • "Pollock, an attorney, considers the controversial role of the US Supreme Court in public policy issues and specific cases relating to abortion, gay rights, physician-assisted suicide, racial segregation, affirmative action, slavery, due process, elections and voting, freedom of expression, church and state, the powers of the president, capital punishment, gay rights,
    religion, and property rights. He summarizes the basic constitutional law principles, explains the Court's function and work, and recounts the background and aftermath of decisions in specific cases, with summaries of all filed opinions."
    —Reference & Research Book News
    5/1/2009
Description: There is almost no political question in the United States, wrote Alexis de Tocqueville, that is not resolved sooner or later into a judicial question. The U.S. Supreme Court is the ultimate arbiter of judicial questions, weighing the laws enacted by the people's representatives against the inviolable fundamental law embodied in the U.S. Constitution. Virtually every vital political and social issue comes before the Court: abortion, affirmative action, capital punishment, elections and voting, gay rights, gun control, separation of church and state, and more. This book presents living law, the case-by-case shaping of the law on each of these controversial issues, in the justices' own words and with informative commentary.

There is almost no political question in the United States, wrote Alexis de Tocqueville, that is not resolved sooner or later into a judicial question. The U.S. Supreme Court is the ultimate arbiter of judicial questions, weighing the laws enacted by the people's representatives against the inviolable fundamental law embodied in the U.S. Constitution. Virtually every vital political and social issue comes before the Court: abortion, affirmative action, capital punishment, elections and voting, gay rights, gun control, separation of church and state, and more. This book presents living law, the case-by-case shaping of the law on each of these controversial issues, in the justices' own words.

; Guide to the Court's functions and the ways in which it goes about its work
; Topically organized sequences of cases through which the law on particular issues evolved, including the facts of each case; the specific issues before the Court; the Court's decision, embodied in the text of the majority opinion; an account of all opinions handed down; and excerpts from the most influential concurrences and dissents
; Commentary summarizing current federal law on each of the controversial topics covered, with notes on the historical background—and in some cases the turbulent aftermath—of the Court's decisions
Table of Contents:
  • ACKNOWLEDGMENTS
    INDEX OF CASE DIGESTS
    INTRODUCTION
    1. THE CONSTITUTION AND THE SUPREME COURT
    2. FROM MARBURY TO RECONSTRUCTION
    3. RACE DISCRIMINATION BY GOVERNMENT
    4. RACE DISCRIMINATION BY PRIVATE PERSONS
    5. MINORITY PREFERENCES
    6. ABORTION AND THE RIGHT OF PRIVACY
    7. TERMINAL ILLNESS ISSUES
    8. GAY RIGHTS
    9. FREEDOM OF SPEECH
    10. FREEDOM OF THE PRESS
    11. THE ESTABLISHMENT OF RELIGION CLAUSE
    12. THE FREE EXERCISE CLAUSE
    13. EXECUTIVE POWERS
    14. VOTING AND ELECTIONS
    15. CRUEL AND UNUSUAL PUNISHMENT
    16. PROPERTY RIGHTS
    17. THE SECOND AMENDMENT
    APPENDIX AUNITED STATES CONSTITUTION
    APPENDIX BSOME SUGGESTIONS FOR FURTHER READING
    APPENDIX CINDEX OF OPINIONS BY JUSTICE
About the Author: Earl E. Pollock served as a law clerk for chief justices Fred M. Vinson and Earl Warren and participated in drafting opinions during one of the most exciting eras in U.S. Supreme Court history. He became Assistant to the U.S. Solicitor General and later had a long and distinguished career as a partner in a private law firm. He is the author of numerous law review articles.
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