Foreshadows of the Law: Supreme Court Dissents and Constitutional Development

By Donald E. Lively | Go to book overview

Dissents in important controversies may be expected because they are cases in which it would be difficult for any body of lawyers freely selected to reach an accord. While the public may not understand division in the Court, because of an illusion as to attainable certitude in opinions as to the law, which is notably absent in other fields, it must be remembered that conviction must have its say and that the conservatism of the Court as a judicial body furnishes all the protection that is needed in the long run against capricious overturning of decisions.

As the following chapters demonstrate, the tradition of dissent has facilitated rather than challenged the interest of reason. In so doing, it has contributed to a balance between constitutional stability and change.


Bibliography

Cases

Branzburg v. Hayes, 408 U.S. 665 ( 1972).

Brown v. Board of Education, 347 U.S. 483 ( 1954).

Calder v. Bull, 3 U.S. 386 ( 1798).

Civil Rights Cases, 109 U.S. 3 ( 1883).

Dred Scott v. Sandford, 60 U.S. 393 ( 1857).

Georgia v. Brailsford, 2 U.S. 415 ( 1793).

Gibbons v. Ogden, 22 U.S. 1 ( 1824).

Griswold v. Connecticut, 381 U.S. 479 ( 1969).

Lochner v. New York, 198 U.S. 45 ( 1905).

Marbury v. Madison, 5 U.S. 137 ( 1803).

Olmstead v. United States, 277 U.S. 438 ( 1928).

Plessy v. Ferguson, 163 U.S. 537 ( 1896).

Prigg v. Pennsylvania, 41 U.S. 539 ( 1842).

Richmond, City of, v. J. A. Croson Co., 488 U.S. 469 ( 1989).

Slaughter-House Cases, 83 U.S. 36 ( 1873).

United States v. Carolene Products Co., 304 U.S. 144 ( 1938).

United States v. Nixon, 418 U.S. 683 ( 1974).

Whitney v. California, 274 U.S. 357 ( 1927).


Books and Articles

Blaustein A., & Mersky R., The First One Hundred Justices ( 1978).

Bork R., The Tempting of America ( 1990).

Choper J. (ed.), The Supreme Court and Its Justices ( 1987).

Frankfurter F., John Marshall and the Judicial Function, 69 Harv. L. Rev. 217 ( 1955).

Hughes C., The Supreme Court of the United States ( 1928).

Levy L., Judicial Review and the Supreme Court ( 1967).

Meese E., The Law of the Constitution, 61 Tul. L. Rev. 979 ( 1987).

Pfeffer L., This Honorable Court ( 1965).

-xxvi-

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Foreshadows of the Law: Supreme Court Dissents and Constitutional Development
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Preface ix
  • INTRODUCTION: JUDICIAL REVIEW AND CONSTITUTIONAL DEVELOPMENT xiii
  • Bibliography xxvi
  • Chapter 1 a Constitutional Right in Slavery 1
  • Bibliography 22
  • Chapter 2 Images of a New Union 25
  • Bibliography 41
  • Chapter 3 Constitutional Redefinition and National Reconstruction 43
  • Bibliography 60
  • Chapter 4 the Rise, Demise and Resurrection of Substantive Due Process 63
  • Bibliography 85
  • Chapter 5 Color and the Constitution 87
  • Bibliography 111
  • Chapter 6 Freedom of Speech: the "Indispensable" Liberty 113
  • Bibliography 134
  • Chapter 7 the Right to Be Let Alone 137
  • Bibliography 158
  • AFTERWORD 161
  • Index 163
  • About the Author 169
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