Bush V Gore

Author: Charles L. Zelden
Publisher: Landmark Law Cases & American
ISBN: 9780700617494
Size: 18.29 MB
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Provides the most concise, accurate, and up-to-date analysis of the events and controversies surrounding the Supreme Court's 5-4 decision that stopped the Florida recount and gave George W. Bush a razor-thin electoral-vote victory over Al Gore to make him our 43rd president.

One Man Out

Author: Robert Michael Goldman
Publisher: Univ Pr of Kansas
ISBN:
Size: 37.19 MB
Format: PDF, ePub
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This new look at all-star center fielder Curt Flood's efforts to shake the foundations of major league baseball reminds readers that Flood holds a unique and important place in both baseball and American law as the player who challenged baseball's reserve clause and championed the cause of free agency. Simultaneous.

Plessy V Ferguson

Author: Williamjames Hoffer
Publisher: Landmark Law Cases & American
ISBN: 9780700618460
Size: 33.52 MB
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A concise readable summary and guide to Plessy v. Fergusson (1896), one of the Supreme Court's most famous and controversial decisions--one that offered legal cover for the practice of segregation for nearly six decades.

Reconstruction And Black Suffrage

Author: Robert Michael Goldman
Publisher:
ISBN: 9780700610693
Size: 25.16 MB
Format: PDF, Docs
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On Easter Sunday in 1873, more than one hundred black men were gunned down in Grant Parish, Louisiana, for daring to assert their right to vote. Several months earlier, in Lexington, Kentucky, another black man was denied the right to vote for simply failing to pay a poll tax. Both events typified the intense opposition to the federal guarantee of black voting rights. Both events led to landmark Supreme Court decisions. And, as Robert Goldman shows, both events have much to tell us about an America that was still deeply divided over the status of blacks during the Reconstruction era. Goldman deftly highlights the cases of United States v. Reese and United States v. Cruikshank within the context of an ongoing power struggle between state and federal authorities and the realities of being black in postwar America. Focusing especially on the so-called Reconstruction Amendments and Enforcement Acts, he argues that the decisions in Reese and Cruikshank signaled an enormous gap between guaranteed and enforced rights. The Court's decisions denied the very existence of any such guarantee and, further, conferred upon the states the right to determine who may vote and under what circumstances. In both decisions, lower court convictions were overturned through suprisingly narrrow rulings, despite the larger constitutional issues involved. In Reese the Court justified its decision by voicing only two sections of the Enforcement Acts, while in Cruikshank it merely voided the original indictments as being "insufficient in law" by failing to allege that the Grant Parish murders had been explicitly motivated by racial concerns. Such legalistic reasoning marked the grim beginning of a nearly century-long struggle to reclaim what the Fifteenth Amendment had supposedly guaranteed. As Goldman shows, the Court's decisions undermined the fledgling efforts of the newly formed justice department and made it increasingly difficult to control the racial violence, intimidation, poll taxes, and other less visible means used by white southern Democrats to "redeem" their political power. The result was a disenfranchised black society in a hostile and still segregated South. Only with the emergence of a nationwide civil rights movement and the Voting Rights Act of 1965 did things begin to change. Readable and insightful, Goldman's study offers students, scholars, and concerned citizens a strong reminder of what happens when courts refuse to enforce constitutional and legislated law—and what might happen again if we aren't vigilant in protecting the rights of all Americans.

The Battle For The Black Ballot

Author: Charles L. Zelden
Publisher:
ISBN:
Size: 15.78 MB
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The history of voting rights in America is a checkerboard marked by dogged progress against persistent prejudice toward an expanding inclusiveness. The Supreme Court decision in Smith v. Allwright is a crucial chapter in that broader story and marked a major turning point for the modern civil rights movement. Charles Zelden's concise and thoughtful retelling of this episode reveals why. Denied membership in the Texas Democratic Party by popular consensus, party rules, and, from 1923 to 1927, state statutes, Texas blacks were routinely turned away from voting in the Democratic primary in the first decades of the twentieth century. Given that Texas was a one-party state and that the primary effectively determined who held office, this meant the total exclusion of Texas blacks from the political process. This practice went unchecked until 1940, when Lonnie Smith, a black dentist from Houston, fought his exclusion by election judge S. E. Allwright in the 1940 Democratic Primary. Defeated in the lowercourts, Smith finally found justice in the U.S. Supreme Court, which ruled 8-1 that the Democratic Party and its primary were not "private and voluntary" and, thus, were duly bound by constitutional protections governing the electoral process and the rights of all citizens. The real meaning of Smith's challenge to the Texas all-white primary lies at the heart of the entire civil rights revolution. One of the first significant victories for the NAACP's newly formed Legal Defense Fund against Jim Crow segregation, it provided the conceptual foundation which underlay Thurgood Marshall's successful arguments in Brown v. Board of Education. It was also viewed by Marshall as one of his most importantpersonal victories. As Zelden shows, the Smith decision attacked the intractable heart of segregation, as it redrew the boundary between public and private action in constitutional law and laid the groundwork for many civil

The Nine

Author: Jeffrey Toobin
Publisher: Anchor
ISBN: 0307472892
Size: 12.45 MB
Format: PDF, Kindle
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Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

Overruling Democracy

Author: Jamin B. Raskin
Publisher: Psychology Press
ISBN: 9780415948951
Size: 15.40 MB
Format: PDF, Kindle
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The Supreme Court has recently issued decisions announcing that citizens have neither a constitutional right to vote, nor the right to an education. Conservative judges have continually disavowed claims to any rights not specifically mentioned in the Constitution. In "Overruling Democracy, " celebrated law professor Jamin B. Raskin, argues that we need to develop a whole new set of rights, through amendments or court decisions, that revitalize and protect the democracy of everyday life. Detailing specific cases through interesting narratives, "Overruling Democracy" describes the transgressions of the Supreme Court against the Constitution and the people - and the faulty reasoning behind them -- and lays out the plan for the best way to back a more democratic system.

The Dynamic Constitution

Author: Richard H. Fallon, Jr
Publisher: Cambridge University Press
ISBN: 113961987X
Size: 22.44 MB
Format: PDF, ePub, Mobi
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In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, 2nd edition, combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics.

Justice Robert H Jackson S Unpublished Opinion In Brown V Board

Author: David M. O'Brien
Publisher:
ISBN: 9780700625185
Size: 48.25 MB
Format: PDF
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A reinterpretation of the Supreme Court's decision making process and the constitutional basis for its landmark ruling in Brown v. Board of Education through an analysis of Robert H. Jackson's thinking and unpublished concurring opinion in Brown v. Board.