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The Revolution That Never Was

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0007
Subject:
Political Science, American Politics

This chapter addresses the problems arising from the clash of old and new ideologies during Reconstruction. Questions of federalism and states’ rights, and of equal protection and citizenship in ... More


Synthesis

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter illustrates how the Court synthesizes different methods of interpretation into a coherent opinion, and how concurring and dissenting justices often use the same methods of interpretation ... More


Structuralism

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0008
Subject:
Law, Constitutional and Administrative Law

Structuralists contend that interpreters can avoid moral judgments in hard cases by reflecting on the structures of government, i.e., the Constitution's overall arrangement of offices, powers, and ... More


Emancipating Peons, Excluding Coolies: Reconstructing Coercion in the American West

Stacey L. Smith

in The World the Civil War Made

Published in print:
2015
Published Online:
May 2016
ISBN:
9781469624181
eISBN:
9781469624204
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469624181.003.0003
Subject:
History, American History: Civil War

This chapter examines some of the questions raised by the abolition of slavery about the boundaries of coercion. Focusing on the American West, it considers visions of the limits and proper exercise ... More


Graphic Images

Sherry F. Colb and Michael C. Dorf

in Beating Hearts: Abortion and Animal Rights

Published in print:
2016
Published Online:
September 2016
ISBN:
9780231175142
eISBN:
9780231540957
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231175142.003.0007
Subject:
Philosophy, Moral Philosophy

Anti-abortion protesters sometimes use graphic images of mangled fetuses and animal rights activists sometimes use graphic images of tortured animals to impress upon the general public the violence ... More


1873: Slaughterhouse Revisited

in A Community Built on Words: The Constitution in History and Politics

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226677231
eISBN:
9780226677224
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677224.003.0019
Subject:
Law, Constitutional and Administrative Law

Perhaps no decision of the Supreme Court that is not perceived as morally evil in its result has been the subject of so much criticism as the Slaughterhouse Cases. The Court's holding—that the state ... More


The Slaughter-House Cases

Lackland H. Bloom

in Do Great Cases Make Bad Law?

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199765881
eISBN:
9780199366903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765881.003.0007
Subject:
Law, Legal History

The Slaughterhouse Cases provided the Court with its first opportunity to interpret the recently ratified Fourteenth Amendment. Although the case did not attract the type of public attention ... More


The Court Redeemed

J. Harvie Wilkinson

in From Brown to Bakke: The Supreme Court and School Integration: 1945-1978

Published in print:
1979
Published Online:
November 2020
ISBN:
9780195025675
eISBN:
9780197559963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195025675.003.0006
Subject:
Education, History of Education

Everyone understands that Brown v. Board of Education helped deliver the Negro from over three centuries of legal bondage. But Brown acted to emancipate the white South and the Supreme Court as ... More


The Tragic Legality of Racial Violence: Reconstruction, Race, and Emergency

Daniel Kato

in Liberalizing Lynching: Building a New Racialized State

Published in print:
2015
Published Online:
October 2015
ISBN:
9780190232573
eISBN:
9780190232597
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190232573.003.0003
Subject:
Political Science, American Politics

The federal government framed the capacity for rights enforcement by instituting an emergency. Emergencies tend to be associated with restricting rights, but there have been instances when ... More


To the Slaughterhouse

Jefferson Decker

in The Other Rights Revolution: Conservative Lawyers and the Remaking of American Government

Published in print:
2016
Published Online:
September 2016
ISBN:
9780190467302
eISBN:
9780190600587
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190467302.003.0009
Subject:
History, American History: 20th Century, Political History

Ronald Reagan’s second term in office began with big ambitions but was plagued by scandal and mismanagement. Veterans of conservative legal groups working for the administration experienced these ... More


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