The Tempting of AmericaSimon and Schuster, 2009. gada 24. nov. - 448 lappuses Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law. In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the original understanding of the Framers and the people for whom it was written. Widely hailed as the most important critique of the nations intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Borks chillingly emblematic experiences during the Senate Judiciary Committees hearing on his Supreme Court nomination. |
Saturs
15 | |
The New Deal Court and the Constitutional | 51 |
The Political Role | 69 |
The Restructuring of State | 84 |
Poll Taxes and the New Equal Protection | 90 |
The Burger and Rehnquist Courts | 101 |
The Supreme Courts Trajectory | 129 |
The Madisonian Dilemma and the Need | 139 |
The Impossibility of All Theories that Depart | 251 |
Good Results | 261 |
THE BLOODY CROSSROADS | 267 |
The Hearings and After | 295 |
16 | 323 |
Why the Campaign Was Mounted | 337 |
Effects for the Future | 345 |
Conclusion | 351 |
Objections to Original Understanding | 161 |
The Theorists of Liberal Constitutional | 187 |
John Hart Ely | 194 |
More Liberal Revisionists of the Constitution | 206 |
Justice William J Brennan Jr | 219 |
Of Moralism Moral Relativism | 241 |
The Constitution of | 357 |
Notes | 378 |
Table of Works Cited | 407 |
Table of Cases | 415 |
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abortion American apply argument Bickel Biden Bill of Rights blacks campaign Chief Justice citizens civil rights claim Congress Consti constitutional law constitutional right contraceptives culture D.C. Cir decide decision democracy democratic discrimination dissent doctrine Dred Scott due process clause elected enacted enforce equal protection clause fact favor federal fifth amendment fourteenth amendment freedom Griswold groups guarantee homosexual Hugo Black Ibid idea individual intellectual issue Judge Bork judicial power judicial review judiciary law school lawyers legislation legislature legitimate liberal liberty majority matter meaning ment minority moral relativism nation neutral nomination opinion original understanding person political President principle professors prohibited provision question racial ratifiers reason right of privacy Robert Bork rule segregation Senate sexual social society speech statute substantive due process supra note Supreme Court theorists theory tion tional tradition U.S. CONST United vote Warren Court women
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