This updated edition examines the impact of significant Supreme Court decisions on the rights and freedoms of the individual.Focusing primarily on the 20th century, and current through the 1995-1996 term, the book provides full coverage of the freedoms outlined in the Bill of Rights, including modern equality issues such as affirmative action and rights allowed illegal immigrants to the United States.The Supreme Court and Individual Rights begins with an overview of individual rights and covers four main topics: Freedom for Ideas, The Rights of Political Participation, Due Process and Criminal Rights, and Equal Rights and Personal Liberties. Appendixes include a glossary of legal terms, an explanation of how to read a legal citation, and biographies of the justices.
"Individual Rights and Liberties Under the U.S. Constitution" offers an insightful and detailed summarization of the U.S. Supreme Court's case law to both American and European scholars and students alike.
This updated edition examines the impact of Supreme Court decisions on the rights and freedoms of the individual through the 2002-2003 term. Focusing primarily on the revolution in constitutional law over the last century, the book provides full coverage of the freedoms outlined in the Bill of Rights, the right to vote and to engage in political participation, the individual's right to due process under the law, and modern equality Issues such as affirmative action and rights allowed illegal Immigrants to the United States. The Supreme Court and Individual Rights begins with an overview of individual rights and covers four main topics: Freedom for Ideas, Rights of Political Participation, Due Process and Criminal Rights, and Equal Rights and Personal Liberties. Appendixes include a glossary of legal terms, an explanation of how to read a legal citation, and biographies of the justices.
"While the expansion of individual rights by the United States Supreme Court under Chief Justice Earl Warren has been the subject of extensive academic commentary, very little has been written about the Exum Court in North Carolina. The dearth of scholarship on this subject is unfortunate because Jim Exum's tenure as chief justice-like Warren's-constituted an unprecedented era of judicial boldness. This book is based primarily on a detailed review of the Exum Court's body of cases and over 45 interviews with the surviving justices from that era of the court, law clerks, practitioners, and members of North Carolina's legal academy. In addition, it draws upon contemporaneous interviews of the justices conducted between 1986 and 1995 as well as on the few existing books and articles about the members of the Exum Court and North Carolina's transformation into a two-party state in judicial elections. This book explores in depth the pathbreaking nature of the Exum Court's jurisprudence and the justices themselves in the hope of providing a better understanding of this unique and important period in the history of North Carolina's highest court and how it fundamentally changed North Carolina law"--
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Individual Rights and Liberties Under the U.S. Constitution references more than 2,500 U.S. Supreme Court opinions and covers ten major decisional areas: general issues of constitutional rights; procedural rights; personal inviolability and liberty; substantive guarantees against criminal or civil penalties; personal or family privacy and autonomy; searches and seizures; freedoms of conscience, thought, and religion; freedoms of speech, press, assembly, and association; substantive protection of property rights and economic interests; and equal protection. It also includes a comprehensive introductory chapter on the Supreme Court.
This updated edition examines the impact of Supreme Court decisions on the rights and freedoms of the individual through the 2002-2003 term. Focusing primarily on the revolution in constitutional law over the last century, the book provides full coverage of the freedoms outlined in the Bill of Rights, the right to vote and to engage in political participation, the individual's right to due process under the law, and modern equality issues such as affirmative action and rights allowed illegal immigrants to the U.S. The Supreme Court and Individual Rights begins with an overview of individual rights and covers four main topics: Freedom for Ideas, Rights of Political Participation, Due Process and Criminal Rights, and Equal Rights and Personal Liberties. Appendixes include a glossary of legal terms, an explanation of how to read a legal citation, and biographies of the justices.
This book for law students describes Supreme Court doctrines and decisions as they apply to voting, free speech, protection from illegal search and seizure, and other key constitutional rights.
From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
