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Constitutional Law
Law and Social Order
Both liberals and conservatives are at odds ideologically in the manner by which the Supreme Court should apply the Constitution. Law and Social Order examines the struggle for ideological power through a timeline of landmark cases.
The book examines the Court's historical conservative tradition, adhering to a rigid constructionist view of the Constitution and a reluctance of selectively incorporating the Bill of Rights,
The Due Process Revolution of the 1960s advanced Fourth, Fifth and Sixth Amendment rights. These new rights, including the exclusionary rule (1961), the right to counsel (1963), no self-incrimination (1964), and Miranda rights (1966) placed further limitations on the State while extending greater civil liberties to the individual.
Liberal Justices then moved toward an activist agenda, using the Equial Protection Clause of the Fourteenth Amendment to interpret the context of various Amendments to include privacy. The shift toward interpreting the Constitution to the evolving standards of society has raised fundamental concerns over the role of Supreme Court Justices.
Justice is defined as a concept of moral righteousness based on ethics, rationality and egailtarianism. Yet many cases that are examined show varied interpretations of applied justice. If justice is subjectively defined, how can justice be guaranteed for all?
Chapter Contents
CH.1- The Courts and the Criminal Justice System
CH.2- The Legitimacy of Law
CH.3- The Influence of Ideology in Politics and the Courts
CH.4- Crime and Social Order
CH.5- The Shift to 'Selective Incorporation'
CH.6- The Development of the Right to Counsel
CH.7- Interrogations and Confessions
CH.8- Pretextual Stops by Law Enforcement
CH.9- The Evolution of Privacy
CH.10- Abortion
CH.11- The Controversy of Entrapment
CH.12- The Right to Die
CH.13- The Controversy of Judicial Overreaching
CH.14- The Death Penalty
by Frank Tridico
311 pages, softcover, perfect bound, full color laminated cover
ISBN: 978-0-9734159-6-4
University and college requests for an examination copy or for additional information please contact Beth Desmarais
Copyright 2021 Landon Elsemere Press. All rights reserved.
Canadian Affiliate:
32-B Queen St. East
Sault Ste. Marie, ON P6A1Y3
ph: (705)943-7482
admin