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The Embattled Constitution$
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Norman Dorsen

Print publication date: 2013

Print ISBN-13: 9780814770122

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814770122.001.0001

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Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
The Embattled Constitution
Author(s):

Norman Dorsen

Publisher:
NYU Press
DOI:10.18574/nyu/9780814770122.003.0001

This book examines civil liberties in relation to constitutional law by drawing on the opinions of the judges who interpret, apply, and give meaning to the U.S. Constitution. It explores a number of constitutional issues confronting the Supreme Court, from abortion and racial affirmative action to the status of homosexuals, the scope of congressional legislative authority, the wartime power of the President, criminal justice, and the relationship between religion and government. Topics include the implications of dicta, various approaches to statutory interpretation, federal jurisdiction, the deficiencies of originalism as a guide to constitutional and statutory interpretation, school desegregation, the substantive content of the Fourth Amendment, and certain Supreme Court decisions. The book also considers the ideas of leading jurists of an earlier generation, particularly Justice John Marshall Harlan and Judge Henry Friendly.

Keywords:   civil liberties, constitutional law, U.S. Constitution, Supreme Court, dicta, statutory interpretation, federal jurisdiction, originalism, school desegregation, Fourth Amendment

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