David E. Marion - The Jurisprudence of Justice William J. Brennan, Jr.
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The Jurisprudence of Justice William J. Brennan, Jr.
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This close analysis of Justice William J. Brennan, Jr.s, jurisprudence on the eve of his death on July 24, 1997, demonstrates why Brennan deserves to be recognized as the most important liberal jurist of the twentieth century. David E. Marion offers a careful review of Brennans opinions that clarifies his defense of libertarian dignity and illustrates the profound political and constitutional impact of Brennans opinions on public discourse and government policy. This is must reading for anyone interested in the role of the judiciary in modern American public life.
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The Jurisprudence of Justice William J. Brennan, Jr. : The Law and Politics of "Libertarian Dignity" Studies in American Constitutionalism
author
:
Marion, David E.
publisher
:
Rowman & Littlefield
isbn10 | asin
:
0847685667
print isbn13
:
9780847685660
ebook isbn13
:
9780585114200
language
:
English
subject
Brennan, William J.--(William Joseph),--1906- , Constitutional history--United States.
publication date
:
1997
lcc
:
KF8745.B68M37 1997eb
ddc
:
347.73/2634
subject
:
Brennan, William J.--(William Joseph),--1906- , Constitutional history--United States.
Page i
The Jurisprudence of Justice William J. Brennan, Jr.
Page ii
Studies in American Constitutionalism
General Editors: Gary J. Jacobsohn and Richard E. Morgan
In Defense of the Text: Democracy and Constitutional Theory by Leslie Friedman Goldstein
Our Peculiar Security: The Written Constitution and Limited Government edited by Eugene W. Hickok Jr., Gary L. McDowell, and Philip J. Costopoulos
Madison on the "General Welfare" of America: His Consistent Constitutional Vision by Leonard R. Sorenson
Justice Sandra Day O'Connor: Strategist on the Supreme Court by Nancy Maveety
Page iii
The Jurisprudence of Justice WILLIAM J. BRENNAN, JR.
The Law and Politics of "Libertarian Dignity"
David E. Marion
ROWMAN & LITTLEFIELD PUBLISHERS, INC. LanhamBoulderNew YorkOxford
Page iv
ROWMAN & LITTLEFIELD PUBLISHERS, INC.
Published in the United States of America by Rowman & Littlefield Publishers, Inc. 4720 Boston Way, Lanham, Maryland 20706
12 Hid's Copse Road Cummor Hill, Oxford OX2 9JJ, England
Copyright 1997 by Rowman & Littlefield Publishers, Inc.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher.
British Library Cataloging in Publication Information Available
Library of Congress Cataloging-in-Publication Data
Marion, David E., 1948 The jurisprudence of Justice William J. Brennan, Jr.: the law and politics of "libertarian dignity" / David E. Marion. p. cm. Includes bibliographical references and index. ISBN 0-8476-8566-7 (cloth: alk. paper). ISBN 0-8476-8567-5 (pbk.: alk. paper) 1. Brennan, William J. (William Joseph), 1906- . 2. Constitutional history United States. I. Title. KF8745.B68M37 1997 347.73'2634 dc2197-20407 CIP
ISBN 0-8476-8566-7 (cloth: alk. paper) ISBN 0-8476-8567-5 (pbk.: alk. paper)
Printed in the United States of America
The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences Permanence of Paper for Printed Library Materials, ANSI Z39.48 1984.
Page v
Contents
Introduction
vii
1 Jurisprudence as High Politics
1
2 The Judiciary and the Advancement of Libertarian Dignity
25
3 Robust, Uninhibited, and Wide-Open: The First Amendment and the Idea of the Self-Constituting Self
57
4 Recasting the Republic: An Emancipationist View of the Fourteenth Amendment
95
5 Brennan's Madison and Marshall: A Case Study in Deciphering Language and Thought
137
6 Conclusion
159
Bibliography
169
Index of Cases
171
Subject Index
175
About the Author
179
Page vii
Introduction
Alexander Hamilton's description of a judicial branch that lacks independent "force" and "will" has long ceased to be considered an accurate characterization of the federal judiciary. Indeed, most Americans would quarrel with the claim that these are qualities even to be desired in any judicial department, whether national or state. Toleration of an independent judicial ''will" is the flip side of general popular acceptance of policy making by judicial officials. No special expertise in the law is needed to understand that one of the great changes that has occurred since the founding is the enlarged role that the courts now play in shaping the American way of life. For this reason, a strong case can be made that the preferences and beliefs of judicial officials merit greater public attention today than was true at the founding.
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The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences Permanence of Paper for Printed Library Materials, ANSI Z39.48 1984.