By Rodney A. Smolla
The instances heard by means of the Surpreme court docket are, at first, disputes related to genuine individuals with genuine tales. The injuries and twists of condition that experience introduced those humans to the final inn of litigation could make for compelling drama. The participants to this quantity convey those dramatic tales to lifestyles, utilizing them as a backdrop for the bigger problems with legislations and social coverage that represent the Court’s enterprise: abortion, separation of church and nation, freedom of speech, the precise of privateness, crime, violence, discrimination, and the dying penalty. during those narratives, the authors describe the personalities and jurisprudential leanings of a number of the Justices, explaining how the interaction of those characters and theories concerning the structure have interaction to steer the Court’s decisions.
Highly readable and richly informative, this booklet deals an strangely transparent and complete portrait of 1 of the main influential associations in smooth American life.
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Additional info for A Year in the Life of the Supreme Court
To use one of the examples cited by the Court, if the government decides that polygamy is illegal, the law should be enforced, and the First Amendment should not be understood as granting a constitutional exception to members of religions who practice polygamy out of religious conviction. There is also, however, much to be said for the opposite view. If an 24 Rodney A. Smolla individual's religious beliefs and practices can be easily and simply accommodated with no significant harm to the overall structure of the law, why shouldn't the government be forced to "give the individual a break" to accommodate the religious practice?
Thomas and Robert Hazen, cousins who employed Mr. Biggins at their family-owned paper company in Holyoke, Massachusetts, were equally surprised to find themselves embroiled in such a high-stakes battle. " They were insulted when Mr. Biggins claimed Hazen Paper Company had been getting his services on the cheap. His request for a hefty increase-to $100,000 a year from $44,000-left the Hazens asking, Just who does Walter Biggins think he is? Polite discussion gave way to charges of mistreatment and countercharges of disloyalty.
There is also some comfort in this picture. As a nation we may not be 22 Rodney A. Smolla resolving our disputes over such issues as health care or budget reform, but we are at least actively disputing them-it is a genuine contest, a true cacophony of voices. The voices may often be more shrill or more slick than many of us would like. They may often be the voices of professionals paid by political parties, political action committees, special interests, or industries-the sorts of interests that James Madison described as "factions" in his famous essays in The Federalist Papers.