By Jr. Otis H.(Otis H. Stephens Jr.) Stephens, II John M. Scheb

ISBN-10: 0495097055

ISBN-13: 9780495097051

AMERICAN CONSTITUTIONAL legislation, Volumes I and II, combines situations, judgements, and authorial observation to maximise your studying and knowing during this path. those complete volumes disguise the full variety of issues in constitutional legislations. all of the chapters comprises a longer essay delivering the felony, old, political, and cultural contexts for the set of edited judgements from the U.S. splendid court docket case that follows. In determining, enhancing, and updating the fabrics, the authors emphasize contemporary traits in significant components of constitutional interpretation. even as, the authors contain many landmark judgements, a few of which continue value as precedents whereas others illustrate the temporary nature of constitutional interpretation. as the ebook presents an excellent stability of selections and authorial observation, this article appeals to teachers of legislation in addition to teachers of political technology.

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Extra info for American Constitutional Law, Volume II: Civil Rights and Liberties

Example text

Winnebago Social Services. There, the Supreme Court, dividing 6 to 3, held that a social services agency, regardless of its prior knowledge of the danger, did not violate the Fourteenth Amendment by failing to protect a child from his abusive father. Writing for the majority, Chief Justice Rehnquist noted that the Court had previously recognized a state’s constitutional obligation to protect the safety and well being of those within its custody, including mentally retarded persons in state institutions.

To carry this burden, the party must demonstrate that there is no rational basis for the law or policy. Since this is a difficult showing to make, application of the rational basis test usually leads to a judgment sustaining the constitutionality of the challenged law or policy. Strict Scrutiny: The Compelling Government Interest Test When a law or policy impinges on a right explicitly protected by the Constitution, such as the right to vote, it is subjected to a more searching judicial scrutiny.

Yale University Press, 1999. Nelson, William E. The Fourteenth Amendment: From Political Principle to Judicial Doctrine. : Harvard University Press, 1988. Perry, Michael. The Constitution, the Courts, and Human Rights. : Yale University Press, 1982. Sarat, Austin, and Thomas R. Kearns. Legal Rights: Historical and Philosophical Perspectives. Ann Arbor: University of Michigan Press, 1996. Schwartz, Bernard. The Great Rights of Mankind: A History of the American Bill of Rights. New York: Oxford University Press, 1977.

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American Constitutional Law, Volume II: Civil Rights and Liberties by Jr. Otis H.(Otis H. Stephens Jr.) Stephens, II John M. Scheb

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