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I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases
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I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases Paperback - 2008

by Mark Tushnet (Editor)


Summary

From Dred Scott to Lawrence v. Texas and more, the most famous Supreme Court dissents, collected in one volume for the first timeAmerican history can be traced in part through the words of the majority decisions in landmark Supreme Court cases. Now, for the first time, one of the most distinguished Supreme Court scholars has gathered famous dissents as he considers a provocative question: how might our history appear now if these cases in the highest court in the country had turned out differently?The surprising answer Tushnet offers: not all that different. Tushnet introduces and explains sixteen influential cases from throughout the Court’s history, putting them into political context and offering a sense of what could have developed if the dissents were instead the majority opinions. Ultimately, Tushnet demonstrates that the words of Supreme Court justices are only one piece of a larger puzzle that defines what the Constitution means to us. We should not value their opinions over other pieces, such as social movements, politics, economics, and more.Written in accessible and lively language, edited with a lay readership in mind, I Dissent offers an invaluable collection for anyone interested in American history and how we define constitutional rights. By placing the Supreme Court back into the framework of the government rather than viewing it as a near-sacred body issuing final decisions that cannot be questioned, Tushnet provides a radically fresh view of the judiciary and a new approach to reading the overlooked writings of major contentious figures from throughout American history.

From the publisher

For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.

Details

  • Title I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases
  • Author Mark Tushnet (Editor)
  • Binding Paperback
  • Edition 1st Printing
  • Pages 256
  • Volumes 1
  • Language ENG
  • Publisher Beacon Press, Boston
  • Date 2008-07-01
  • Features Bibliography, Table of Contents
  • ISBN 9780807000366 / 0807000361
  • Weight 0.73 lbs (0.33 kg)
  • Dimensions 8.58 x 5.88 x 0.68 in (21.79 x 14.94 x 1.73 cm)
  • Library of Congress subjects United States - History, Constitutional law - United States
  • Library of Congress Catalog Number 2007031511
  • Dewey Decimal Code 347.732

Media reviews

An important reminder that strong challenges have been made to the best and worst in American constitutional development and that responsibility for the best lies as much in the citizenry as Supreme Court justices.—Mark A. Graber, author of Dred Scott and the Problem of Constitutional Evil

Citations

  • Library Journal, 07/15/2008, Page 96
  • Publishers Weekly, 04/28/2008, Page 125
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