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Reinterpreting the Constitution
How the Supreme Court Changes the Law
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Publisher:
2023
Summary
In the Senate Confirmation Hearings on his nomination, Chief Justice John Roberts memorably stated that he believed that the proper role of judges is "to call balls and strikes," an analogy repeated by Justice Kavanaugh in his hearings. This book makes clear, however, that the justices have often changed the strike zone. They have overruled past precedent, significantly expanded or limited prior rulings, created new constitutional rights such as that protecting same-sex marriage, while striking down constitutional rights recognized for many years, including a woman's right to choose an abortion. The book carefully reviews some 200 cases, highlighting what the justices themselves have said in explaining their rulings. It also notes how the dissenting opinions are particularly valuable in explaining the dissenters' often accurate contentions that some decisions significantly changed prior precedent. The book begins with cases decided in the 19th and 20th centuries to give the background of the constitutional issues discussed, but the overall focus is on 21st-century decisions since they have accelerated changes in constitutional law.
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Bibliographic data
Edition
1/2023
Copyright Year
2023
ISBN-Print
978-1-6669-3830-2
ISBN-Online
978-1-6669-3831-9
Publisher
Lexington, Lanham
Language
English
Pages
292
Product Type
Monograph
Table of contents
ChapterPages
Contents No access
Acknowledgments No access
Introduction No access Pages 1 - 4
Free Speech No access Pages 5 - 46
Free Exercise of Religion No access Pages 47 - 84
Establishment of Religion No access Pages 85 - 100
Unlawful Searches and Seizures No access Pages 101 - 116
Race No access Pages 117 - 142
The Right to Bear Arms No access Pages 143 - 154
Cruel and Unusual Punishment No access Pages 155 - 166
Property Rights No access Pages 167 - 170
The Commerce Clause and the Taxing Power No access Pages 171 - 188
Same-Sex Marriage No access Pages 189 - 204
Abortion No access Pages 205 - 224
Limiting Immigration No access Pages 225 - 234
Conclusion No access Pages 235 - 240
Appendix No access Pages 241 - 266
Bibliography No access Pages 267 - 274
Index No access Pages 275 - 290
About the Author No access Pages 291 - 292
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