Majority opinion

About: Majority opinion is a research topic. Over the lifetime, 4107 publications have been published within this topic receiving 54845 citations. The topic is also known as: opinion of the court.

The Supreme Court on Church and State

Abstract: In revising and updating Joseph Tussman's The Supreme Court on Church and State, Robert Alley has collected the major Supreme Court decisions on the separation of church and state to provide a comprehensive and non-partisan guide to the Court's opinions. Cases are presented in their entirety, with many essential dissenting opinions, and cover a representative sample of significant issues. With a historical introduction and a chart of Supreme Court Justices's votes, this book is an important reference on a timely subject.

Against the Imperial Judiciary: The Supreme Court vs. the Sovereignty of the People

Abstract: In this fresh and provocative critique of judicial power, Matthew Franck argues for a Supreme Court that is newly mindful of constitutionalism's basis in the sovereign will of the people and of the distinctly limited scope of judicial authority that is permitted by that constitutional sovereignty. Neither activism nor restraint, but a lively sense of the fundamental constraints that deprive the Court of any legitimate choice between those two options, is at the heart of Franck's model of appropriate judicial modesty Franck challenges three propositions central to current debates over the Supreme Court's role in American life: that the Court has the final word in interpreting the Constitution above competing views from other government branches; that it may legitimately initiate actions to correct political or social dysfunctions left uncorrected by those branches; and that constitutional decisions may be grounded in natural law or a "higher law" located beyond the text of the Constitution. Franck claims that these erroneous propositions have allowed the Court's power to grow well beyond its constitutional mandate. He persuasively argues that a more accurate and responsible view of judicial power can be revived by reexamining the Framers' thought, the writings of liberal philosophers (especially Hobbes, Locke, and Blackstone), and the early opinions of the Supreme Court. His reasoned critique provides illuminating new perspectives on the jurisprudence of John Marshall; on the origins and practices of "judicial statesmanship" (presumed to have begun with Marshall); on McCulloch v. Maryland (1819)-which was not, Franck argues, a ruling in pursuit of a nationalist political agenda but conformed to a modest vision of the judicial power; and on the mangled roots of substantive due process. In addition, he reviews recent Supreme Court confirmation hearings to demonstrate the large influence of historical misconceptions on our understanding of the proper scope of judicial power in a constitutional democracy.

The birth control movement before Roe v. Wade.

Abstract: Beginning in the 1970s, historians and social scientists published a great deal on the birth-control movement in the United States, a subject that had been neglected. They were seeking perspective on the issues raised by profound changes in society that rendered problematic the gender system and family values of previous generations. It is no fluke that these scholars began to write the history of the effort to promote the separation of sex from procreation during the same decade that Congress removed contraception from the practices and information prohibited by the national obscenity laws (1971), and the Supreme Court ruled that married couples had a constitutionally protected right to practice contraception (1965), that the unmarried had a similar right of “privacy” (1972), and that pregnant women had the right to induced abortions performed by physicians during the first trimester of their pregnancies (1973). The Court's affirmation of a limited right to “abortion on demand” in Roe v. Wade followed a decade of intense political struggle and judicial action at the state level, and Justice Harry A. Blackmun, who wrote the majority opinion, was self-consciously attempting to forge a consensus in areas of human behavior and public policy where conflicts were literally lethal and threatened the social order. In turn, much of the vitality of the scholarship on reproductive history that coincides with changes in the law sprang from the self-consciousness of women.