Reinterpreting the Constitution
How the Supreme Court Changes the Law
Abstract
In the Senate Confirmation Hearings on his nomination, Chief Justice John Roberts memorably stated that he believed that the proper role of judges is "to call balls and strikes," an analogy repeated by Justice Kavanaugh in his hearings. This book makes clear, however, that the justices have often changed the strike zone. They have overruled past precedent, significantly expanded or limited prior rulings, created new constitutional rights such as that protecting same-sex marriage, while striking down constitutional rights recognized for many years, including a woman's right to choose an abortion. The book carefully reviews some 200 cases, highlighting what the justices themselves have said in explaining their rulings. It also notes how the dissenting opinions are particularly valuable in explaining the dissenters' often accurate contentions that some decisions significantly changed prior precedent. The book begins with cases decided in the 19th and 20th centuries to give the background of the constitutional issues discussed, but the overall focus is on 21st-century decisions since they have accelerated changes in constitutional law.
Schlagworte
constitutional interpretation First Amendment Supreme Court abortion decisions affirmative action religious freedom- i–x Preface i–x
- 1–4 Introduction 1–4
- 5–46 Free Speech 5–46
- 117–142 Race 117–142
- 143–154 The Right to Bear Arms 143–154
- 167–170 Property Rights 167–170
- 189–204 Same-Sex Marriage 189–204
- 205–224 Abortion 205–224
- 225–234 Limiting Immigration 225–234
- 235–240 Conclusion 235–240
- 241–266 Appendix 241–266
- 267–274 Bibliography 267–274
- 275–290 Index 275–290
- 291–292 About the Author 291–292