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I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases

4.7 out of 5 stars 3 customer reviews
ISBN-13: 978-0807000366
ISBN-10: 0807000361
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  • I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases
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Editorial Reviews

Review

An important reminder that strong challenges have been made to the best and worst in American constitutional development and that responsibility for the best lies as much in the citizenry as Supreme Court justices.—Mark A. Graber, author of Dred Scott and the Problem of Constitutional Evil

About the Author

Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School. Previously a professor of law at Georgetown University and University of Wisconsin, Tushnet is the author of numerous books, including, most recently, A Court Divided. He lives in Washington, DC.
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Product Details

  • Paperback: 229 pages
  • Publisher: Beacon Press (June 1, 2008)
  • Language: English
  • ISBN-10: 0807000361
  • ISBN-13: 978-0807000366
  • Product Dimensions: 5.5 x 0.6 x 8.5 inches
  • Shipping Weight: 11.2 ounces (View shipping rates and policies)
  • Average Customer Review: 4.7 out of 5 stars  See all reviews (3 customer reviews)
  • Amazon Best Sellers Rank: #631,177 in Books (See Top 100 in Books)

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Top Customer Reviews

Format: Paperback
The idea that much of constitutional law has emanated from dissents rather than majority decisions is not new, however, this is the first book that provides a good selection of examples. It's very interesting and credible, even though the written dissents are edited for readability. Dissents not only from Justices but others like a Pennsylvania judge objecting to the concept of judicial review and Andrew Jackson's objection to the Marshall Court's upholding of the bank in The McCullogh v. Md. decision. There's a memo by Justice Jackson that wasn't published until 34 years after the landmark Brown v. Board of Education. That one shows that the Justices consider all sides of an issue and have some regrets even in a unanimous decision. I wonder what other such memos are in existence. The dissent by Brandeis is characterized as eloquent for someone with the reputation of having the soul of an accountant, although Brandeis himself stated that he felt freer when writing in dissent than when writing to represent views of the Court.

Many of issues in the book, such as civil rights, interstate commerce and privacy rights are still extant today while the Dred Scott decision, of great historical interest, is now moot.
Selection of cases provides an excellent tool for the reader to see the judicial reasoning on all sides of many issues. The selection of 16 cases provides an excellent introduction to SC jurisprudence on civil rights, school prayer, redistricting, right of privacy, commerce, human vs property rights, gay rights, and the Incorporation doctrine interpretation of Due Process of the Fourteenth Amendment.

Tushnet introduces the idea of popular constitutionality whereby we the public share responsibility for jurisprudence. A book could be written to expand on the concept.
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This is book that needed to be written. Prof Tushnet guides the reader thru the most remarkable Supreme Court dissents, opinions that were so often vindicated in later years. His writing style is clear and engaging. Highly recommended.
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This is one of several sources on the opinions of the Court and some of the dissenting opinions
that were raised by the minority justices.

This is a good source of this information.
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