Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade
Title | Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade PDF eBook |
Author | Charles P. Nemeth |
Publisher | Anthem Press |
Pages | 238 |
Release | 2020-02-20 |
Genre | Law |
ISBN | 1785272063 |
Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that the natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in “Natural Law and the US Supreme Court since Roe v. Wade” and by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
The United States Supreme Court's Assault on the Constitution, Democracy and the Rule of Law
Title | The United States Supreme Court's Assault on the Constitution, Democracy and the Rule of Law PDF eBook |
Author | Adam Lamparello |
Publisher | |
Pages | 0 |
Release | 2017 |
Genre | Constitutional law |
ISBN | 9781138222441 |
Citizens United v. FEC -- McCutcheon v. FEC -- Clinton v. New York -- U.S. Term Limits v. Thornton -- Chevron, inc., v. Natural Resources Defense Council -- Korematsu v. U.S -- Griswold v. Connecticut -- Roe v. Wade -- Planned Parenthood of Southeastern Pennsylvania v. Casey -- Lawrence v. Texas -- Obergefell v. Hodges -- The Slaughterhouse Cases -- Milliken v. Bradley -- San Antonio School Cistrict v. Rodriguez -- McClesky v. Kemp -- General Elec. Co. v. Gilbert -- Kelo v. City of New London -- Lochner v. New York -- Wickard v. Filburn -- Brown v. Board of Education -- Washington v. Glucksberg -- Austin v. Michigan Chamber of Commerce -- United States v. Nixon -- United states v. Lopez -- Texas v. Johnson -- Gideon v. Wainwright -- Is democracy a good thing? : the arguments and the practicalities -- Foundational principles for a pro-democracy and process-oriented, and pragmatic jurisprudence -- Applying the foundational principles to the "worst" Supreme Court decisions, and arriving at non-ideological, process-oriented, and pro-democracy outcomes -- Concluding thoughts
Landmark Briefs and Arguments of the Supreme Court of the United States
Title | Landmark Briefs and Arguments of the Supreme Court of the United States PDF eBook |
Author | Philip B. Kurland |
Publisher | |
Pages | |
Release | 1990 |
Genre | |
ISBN | 9781556551727 |
Abuse of Discretion
Title | Abuse of Discretion PDF eBook |
Author | Clarke D. Forsythe |
Publisher | Encounter Books |
Pages | 498 |
Release | 2013-10-14 |
Genre | Law |
ISBN | 1594036926 |
Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.
Contemporary Supreme Court Cases
Title | Contemporary Supreme Court Cases PDF eBook |
Author | |
Publisher | |
Pages | |
Release | 2016 |
Genre | |
ISBN |
Common Good Constitutionalism
Title | Common Good Constitutionalism PDF eBook |
Author | Adrian Vermeule |
Publisher | John Wiley & Sons |
Pages | 171 |
Release | 2022-02-08 |
Genre | Political Science |
ISBN | 1509548882 |
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
What Roe V. Wade Should Have Said
Title | What Roe V. Wade Should Have Said PDF eBook |
Author | Jack M. Balkin |
Publisher | NYU Press |
Pages | 338 |
Release | 2023-01-17 |
Genre | Law |
ISBN | 1479824488 |
A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.