I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases

Cover
Mark Tushnet
Beacon Press, 01.06.2008 - 256 Seiten
For the first time, a collection of dissents from the most famous Supreme Court cases

If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions?

In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision.

Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.

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Ausgewählte Seiten

Inhalt

The legislature is entitled to all
1
Experience should teach us wisdom
17
Among those for whom and whose
31
To enable the black race to take the rank
45
There is no caste here
69
difference of opinion
81
Men feared witches and burned
93
Almost anythingmarriage birth
101
Refrain from invidious
127
Our decision does not end but begins
133
omnicompetence to judges
151
A sterile metaphor which by its very
167
I get nowhere in this case by talk about
179
That is what this suit is about Power
191
Do not believe it
211
CONCLUSION
221

The ugly abyss of racism
113

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