Download Political thought and the American judiciary by H. L. Pohlman PDF

By H. L. Pohlman

A set of readings from over 2 hundred years of judicial decision-making, this quantity explores the altering that means of the vital tenets of yank political tradition. equipped into chapters on traditional legislation, freedom, democracy, equality, and privateness, the decisions tackle matters starting from the boundaries of unfastened speech to the best to die with dignity, from affirmative motion to abortion. jointly the judges' critiques replicate not just the impact of summary principles and beliefs at the judiciary, but in addition the evolution of yank political values.
H. L. Pohlman introduces every one bankruptcy with an essay that strains the family tree of the main in query from antiquity to trendy occasions. He additionally offers headnotes to every bankruptcy subsection explaining the main proof of particular circumstances. For the main half, notwithstanding, Pohlman permits the judges to talk for themselves.
The critiques incorporated within the e-book are drawn from country and reduce courts in addition to from the files of the U.S. ultimate court docket. hence, whereas the various excerpts, reminiscent of leader Justice Earl Warren's majority opinion in Brown v. Board of Education, are renowned, others are much less widely used. regardless of the resource, every one offers a distinct point of view at the ethical and political ambiguities that experience formed American historical past.

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It was a factor in the establishment by the newly created United Nations of a Human Rights Commission that proclaimed a Universal Declaration of Human Rights in 1949. Once the United States signed the United Nations Charter, the idea of human rights slowly found its way into American courts, and judges have had to decide whether rights not found in any American constitution restrict legislative power. 24 Can the federal government arbitrarily detain an unwanted alien? Since the particular human rights asserted in American courts have been those referred to in treaties or recognized by international customary law, it is possible to say that when judges enforce such rights they are merely applying positive law.

Saluting and Burning the Flag 93 Pledge of Allegiance 94 Flag Burning 99 III. Free Press 103 1. Libel 103 2. Reporter's Right Not to Testify 107 3. Access and the Public's Right to Know 113 IV. Economic Liberty 117 1. Right to Practice a Vocation 117 2. Liberty of Contract 119 Early Views 120 Later Views 124 3. Right to Unionize 126 Right to Picket 127 "Yellow Dog" Contracts 130 3 Democracy 134 I. Role of the Judiciary 144 1. Judicial Review 144 2. The Nature of Constitutional Adjudication 150 II.

Wiretapping 282 2. Hairstyles and Helmets 286 III. Intimate Association and Procreation 293 1. Marriage and Contraceptives 293 2. Abortion 297 3. Spousal Consent 303 4. Homosexuality 306 IV. 1 From the Philadelphia Convention to this very moment, judges have struggled with the ever-changing meaning of ideals that are at the heart of American political culture: natural law, liberty, democracy, equality, and privacy. Despite their intrinsic significance, however, no edited volume has tried to present in a systematic fashion how judges throughout our history have wrestled with these principles.

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