The last word debate: how social and political forces shape constitutional values
Article Abstract:
The US Supreme Court considers itself as the final interpreter of the Constitution which is a narrow and misguided view that fails to recognize the influence of politics and the other branches of government. The Court attempted to resolve the issue of slavery in Dred Scott v. Sandford, a ruling that led to the Civil War. Abortion and school desegregation are other issues the Court attempted to dominate but failed. The most recent issue addressed is the Religious Freedom Restoration Act and the ruling in City of Boerne v. Flores is unlikely to be the last word.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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Chief enigma
Article Abstract:
The surprisingly activist Supreme Court led by Warren Burger set the tone against which the present, apparently more conservative Court will be measured. President Richard Nixon hoped Burger and other appointees would make the court less activist and less liberal, especially in criminal cases, but succeeded only in the latter. In activism and in its willingness to identify new rights and declare congressional acts unconstitutional, the Burger Court defied expectations, though without a consistent philosophy.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
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At the halfway point: light docket makes it hard to read trends in Supreme Court decisions
Article Abstract:
The Supreme Court has issued only 17 opinions in its 1994-95 term and is on track to decide fewer than the 1993-94 number of 84, a four-decade low. It has not perceptibly moved in a more conservative direction but is internally fractured, so much so that it is often hard to assemble four justices to agree to hear a case. The remaining cases deal largely with race and with state vs federal jurisdiction. Criminal cases and those of statutory rather than constitutional import are also prominent.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
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