Constitutional Law and Judicial Policy Making, Volume 1Joel B. Grossman, Richard S. Wells A compilation of articles, writings, and judicial opinions. |
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Page 389
... constitutional questions presented by this case . To do so would be to decide questions which , because of the possibility that the state court would now reverse the convictions , are not necessarily presented for decision . Such a ...
... constitutional questions presented by this case . To do so would be to decide questions which , because of the possibility that the state court would now reverse the convictions , are not necessarily presented for decision . Such a ...
Page 404
... constitutional issues and the Solicitor General reluctantly complied . As is clear from the division of the justices in that case , no majority could be secured for any single " constitutional " decision and the case was again decided ...
... constitutional issues and the Solicitor General reluctantly complied . As is clear from the division of the justices in that case , no majority could be secured for any single " constitutional " decision and the case was again decided ...
Page 778
... constitutional question pre- sented by welfare programs relates to inva- sions of personal liberty and privacy . " Liberty " is protected in the Fifth and Fourteenth Amendments , but nowhere de- fined . For many years it was used as a ...
... constitutional question pre- sented by welfare programs relates to inva- sions of personal liberty and privacy . " Liberty " is protected in the Fifth and Fourteenth Amendments , but nowhere de- fined . For many years it was used as a ...
Contents
Chapter One A POLITICAL VIEW OF THE SUPREME COURT | 3 |
LAW AND SOCIAL CHANGE | 14 |
JUDICIAL POLICY MAKING | 26 |
Copyright | |
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14th Amendment action affirmed American amicus curiae applied argued argument Attorney authority Black certiorari Chief Justice citizens civil rights Clause commerce Commerce Clause CONCURRING conduct Congress congressional constitutional constitutionally conviction counsel Court of Appeals crime criminal decide decision defendant denied desegregation discrimination dissent District Court doctrine Douglas due process Due Process Clause effect enforcement Equal Protection Clause evidence exclusionary rule executive exercise fact federal courts Fifth Amendment Fourteenth Amendment Fourth Amendment freedom granted Harlan individual interest involved issue judges judgment judicial judicial review judiciary jurisdiction jury lawyer legislative liberty limited litigation majority means ment Negro officer opinion party person petitioners political present President principle problem prohibition question race racial racial segregation reason regulation responsibility role rule segregation sion Smith Act social speech statute Supreme Court tion tional treaties trial unconstitutional United violation vote