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Reinterpreting the Constitution

How the Supreme Court Changes the Law

Reinterpreting the Constitution cover

Reinterpreting the Constitution

How the Supreme Court Changes the Law

Description

This book examines how the Supreme Court has repeatedly reshaped constitutional law, often in ways that depart from the image of neutral umpiring invoked by Chief Justice John Roberts-and later echoed by Justice Kavanaugh-when they likened judging to merely “calling balls and strikes.”
Edward F. Mannino demonstrates how, in practice, the Court has frequently redefined the strike zone: overturning precedent, expanding or narrowing prior rulings, creating new constitutional rights such as the right to same sex marriage, and eliminating long recognized rights, including a woman's right to choose an abortion. Drawing on roughly 200 cases, the book highlights the justices' own explanations for their decisions and underscores how dissenting opinions often identify where and how the majority has meaningfully shifted or abandoned earlier precedent. Although it begins with key 19th- and 20th century cases to set the stage, its primary focus is on 21st century decisions, where changes in constitutional doctrine have accelerated. Ultimately, Mannino shows that understanding the modern Supreme Court requires recognizing not just how the justices call the plays, but how they continually redefine the rules of the game.

Table of Contents

Introduction
Chapter 1: Free Speech
Chapter 2: Free Exercise of Religion
Chapter 3: Establishment of Religion
Chapter 4: Unlawful Searches and Seizures
Chapter 5: Race
Chapter 6: The Right to Bear Arms
Chapter 7: Cruel and Unusual Punishment
Chapter 8: Property Rights
Chapter 9: The Commerce Clause and the Taxing Power
Chapter 10: Same-Sex Marriage
Chapter 11: Abortion
Chapter 12: Limiting Immigration
Conclusion: Whither Goes the Court?
References
Index
About the Author

Product details

Published 30 May 2023
Format Ebook (Epub & Mobi)
Edition 1st
Pages 302
ISBN 9781666938319
Imprint Lexington Books
Publisher Bloomsbury Publishing

About the contributors

Author

Edward F. Mannino

Edward F. Mannino is lawyer and historian.

ONLINE RESOURCES

Bloomsbury Collections

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