Great Cases in Constitutional Law [Hardcover]

Robert P. George (Editor)

Book Description

Publication Date: February 28, 2000 | ISBN-10: 0691049513 | ISBN-13: 978-0691049519

Slavery, segregation, abortion, worker's 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 Courts 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 Macpherson discuss Dred Scott v. Sanford (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 the Civil War. Hadley Arkes and Donald Drakemen 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 BethkeElshtain 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.

Editorial Reviews

From Publishers Weekly

This collection of scholarly but accessible essays (George is a professor of jurisprudence at Princeton) addresses the role of the U.S. Supreme Court in interpreting the Constitution. In its 1803 decision in Marbury v. Madison, the Supreme Court asserted the judiciary's province, and in fact duty, to "say what the law is," and since then the justices have regularly decided whether federal or state laws pass muster under the Constitution. Five landmark constitutional cases form the core of this book: Marbury, the Dred Scott case on slavery (one essay is by James M. McPherson), Lochner v. New York on social legislation, Brown v. Topeka Board of Education on equality in public schools and Roe v. Wade on abortion rights (essays are by Jean Bethke Elshtain and George Will). Each case is the subject of a principal essay, followed by a response purportedly written from a different perspective. The prevailing attitude is disapproval of "judicial activism," in which justices, purporting to find their personal moral views enshrined in the Constitution, invalidate acts undertaken by the people's elected representatives. The authors here either advocate "original intent" (limiting constitutional analysis to the text itself and the views of the Founders) or counsel in favor of narrow, fact-based decisions instead of broad policy pronouncements. The principal essays range in style from professorial disputation to impassioned moral advocacy. With one exception (Walter F. Murphy's response to Earl Maltz on the notion of "originalism" as it relates to the Brown decision), the writers of the responsive pieces seem to agree with, and expand upon, the ideas of the main essayists. More contrariety in point of view would have advanced the reader's understanding of how constitutional cases should be decided. Even so, this volume thoughtfully explains the views of those who advocate more of the original Constitution, and less of the Supreme Court, in American political life. (Apr.)
Copyright 2000 Reed Business Information, Inc. --This text refers to the Paperback edition.

From Booklist

Over the course of American history, the U.S. Supreme Court has been constantly involved in domestic public policy by its actions and inactions, through what some have called judicial activism versus constitutional restraint. For many, the senate confirmation hearings of Robert Bork and Clarence Thomas brought to the forefront original intent and other legal concepts. This book provides an excellent overview of "landmark" Supreme Court cases, most of which impacted the court's power and direction, including Marbury v. Madison, Dred Scott v. Sandford, Brown v. Board of Education, and Roe v. Wade. The individual essayists, mostly lawyers and historians, provide analysis of these cases in the context of the application of judicial concepts that are associated with political extremes. The central argument is that the Supreme Court is not always supreme. It is an important branch of government that provides balance and is balanced by the other branches--when government works well. Vernon Ford

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Product Details

• Hardcover: 216 pages
• Publisher: Princeton University Press (February 28, 2000)
• Language: English
• ISBN-10: 0691049513
• ISBN-13: 978-0691049519
• Product Dimensions: 9.5 x 6.4 x 0.8 inches
• Shipping Weight: 1 pounds
• Average Customer Review: 4.8 out of 5 stars  See all reviews (4 customer reviews)
• Amazon Best Sellers Rank: #3,656,254 in Books (See Top 100 in Books)

Customer Reviews

Most Helpful Customer Reviews

4 of 5 people found the following review helpful:

5.0 out of 5 stars Great Constitutional Cases, December 18, 2001

By A Customer

This review is from: Great Cases in Constitutional Law (Paperback)

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.

1 of 1 people found the following review helpful:

5.0 out of 5 stars A must-read for every concerned American., August 25, 2008

By 

Kersi Von Zerububbel "Kersi" (San Diego, CA USA) - See all my reviews
(VINE VOICE)   

This review is from: Great Cases in Constitutional Law (Paperback)

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.

1 of 2 people found the following review helpful:

4.0 out of 5 stars Essays on the Supreme Court, January 15, 2004

By 

Michael Taylor "Scipio" (Princeton, NJ) - See all my reviews

This review is from: Great Cases in Constitutional Law (Hardcover)

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.