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The Resource Dissent and the Supreme Court : its role in the court's history and the nation's constitutional dialogue, Melvin I. Urofsky

Dissent and the Supreme Court : its role in the court's history and the nation's constitutional dialogue, Melvin I. Urofsky

Label
Dissent and the Supreme Court : its role in the court's history and the nation's constitutional dialogue
Title
Dissent and the Supreme Court
Title remainder
its role in the court's history and the nation's constitutional dialogue
Statement of responsibility
Melvin I. Urofsky
Creator
Contributor
Author
Narrator
Subject
Genre
Language
eng
Summary
From the admired judicial authority, author of Louis D. Brandeis ("Remarkable"--Anthony Lewis, The New York Review of Books; "Monumental"--Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions--Melvin Urofsky's major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country's history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States. Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. In Dissent and the Supreme Court, he explores the great dissents throughout the Court's 225-year history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court's majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis's dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice John Harlan in Plessy v. Ferguson (1896)--that segregation on the basis of race violated the Constitution--in Brown v. Board of Education (1954). Urofsky shows that the practice of dissent grew slowly but steadily and that in the nineteenth century dissents became more frequent. In the (in)famous case of Dred Scott v. Sanford (1857), Chief Justice Roger Taney's opinion upheld slavery, declaring that blacks could never be citizens. The justice received intense condemnations from several of his colleagues, but it took a civil war and three constitutional amendments before the dissenting view prevailed and Dred Scott was overturned. Urofsky looks as well at the many aspects of American constitutional life that were affected by the Earl Warren Court--free speech, race, judicial appointment, and rights of the accused--and shows how few of these decisions were unanimous, and how the dissents in the earlier cases molded the results of later decisions; how with Roe v. Wade--the Dred Scott of the modern era--dissent fashioned subsequent decisions, and how, in the Court, a dialogue that began with the dissents in Roe has shaped every decision since. Urofsky writes of the rise of conservatism and discusses how the resulting appointments of more conservative jurists to the bench put the last of the Warren liberals--William Brennan and Thurgood Marshall--in increasingly beleaguered positions, and in the minority. He discusses the present age of incivility, in which reasoned dialogue seems less and less possible. Yet within the Marble Palace, the members of the Supreme Court continue to hear arguments, vote, and draft majority opinions, while the minority continues to "respectfully dissent." The Framers understood that if a constitution doesn't grow and adapt, it atrophies and dies, and if it does, so does the democratic society it has supported. Dissent--on the Court and off, Urofsky argues--has been a crucial ingredient in keeping the Constitution alive and must continue to be so.(With black-and-white illustrations..
Accompanying matter
technical information on music
Cataloging source
TEFOD
http://library.link/vocab/creatorName
Urofsky, Melvin I
Dewey number
342.7302/9
Form of composition
not applicable
Format of music
not applicable
LC call number
KF8748
LC item number
.U76 2015ab
Literary text for sound recordings
other
Music parts
not applicable
PerformerNote
Read by Dan Woren
http://library.link/vocab/relatedWorkOrContributorName
Woren, Dan
http://library.link/vocab/subjectName
  • United States
  • Dissenting opinions
  • Judicial opinions
  • Constitutional law
Transposition and arrangement
not applicable
Label
Dissent and the Supreme Court : its role in the court's history and the nation's constitutional dialogue, Melvin I. Urofsky
Link
Instantiates
Publication
Antecedent source
unknown
Capture and storage technique
digital storage
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
not applicable
Configuration of playback channels
unknown
Content category
spoken word
Content type code
  • spw
Content type MARC source
rdacontent
Dimensions
  • not applicable
  • unknown
Edition
Unabridged.
Extent
1 online resource (1 sound file (19 hr., 14 min., 55 sec.))
File format
unknown
Form of item
online
Groove width / pitch
not applicable
Isbn
9780147525277
Kind of cutting
not applicable
Kind of disc cylinder or tape
not applicable
Kind of material
unknown
Level of compression
unknown
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital
http://library.link/vocab/ext/overdrive/overdriveId
837e0c86-e124-4421-a540-34391791188c
Quality assurance targets
not applicable
Reformatting quality
unknown
Sound
sound
Special playback characteristics
digital recording
Specific material designation
  • other
  • remote
Speed
other
System control number
  • 2068441
  • (OCoLC)924729966
  • (OCoLC)ocn924729966
  • 2068441
Tape configuration
not applicable
Tape width
not applicable
Label
Dissent and the Supreme Court : its role in the court's history and the nation's constitutional dialogue, Melvin I. Urofsky
Link
Publication
Antecedent source
unknown
Capture and storage technique
digital storage
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
not applicable
Configuration of playback channels
unknown
Content category
spoken word
Content type code
  • spw
Content type MARC source
rdacontent
Dimensions
  • not applicable
  • unknown
Edition
Unabridged.
Extent
1 online resource (1 sound file (19 hr., 14 min., 55 sec.))
File format
unknown
Form of item
online
Groove width / pitch
not applicable
Isbn
9780147525277
Kind of cutting
not applicable
Kind of disc cylinder or tape
not applicable
Kind of material
unknown
Level of compression
unknown
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital
http://library.link/vocab/ext/overdrive/overdriveId
837e0c86-e124-4421-a540-34391791188c
Quality assurance targets
not applicable
Reformatting quality
unknown
Sound
sound
Special playback characteristics
digital recording
Specific material designation
  • other
  • remote
Speed
other
System control number
  • 2068441
  • (OCoLC)924729966
  • (OCoLC)ocn924729966
  • 2068441
Tape configuration
not applicable
Tape width
not applicable

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