In Webster v. Reproductive Health Services , a critical abortion rights case, a bitterly divided Supreme Court produced no less than six different opinions. Writing for the plurality, Chief Justice Rehnquist attacked the trimester framework established in Roe v. Wade because it was "not found in the text of the Constitution or in any place else one would expect to find a constitutional principle." This approach, writes legal authority Joseph Goldstein, confuses constitutional principles (in this case, the right to ...
Read More
In Webster v. Reproductive Health Services , a critical abortion rights case, a bitterly divided Supreme Court produced no less than six different opinions. Writing for the plurality, Chief Justice Rehnquist attacked the trimester framework established in Roe v. Wade because it was "not found in the text of the Constitution or in any place else one would expect to find a constitutional principle." This approach, writes legal authority Joseph Goldstein, confuses constitutional principles (in this case, the right to privacy) with the means to protect them (here, the trimester system). As a result, the Court left the public bewildered about the constitutional scope of a woman's right to reproductive choice--failing in its duty to speak clearly to the American public about the Constitution. In The Intelligible Constitution , Goldstein makes a compelling argument that, in a democracy based upon informed consent, the Supreme Court has an obligation to communicate clearly and candidly to We the People when it interprets the Constitution. After a fascinating discussion of the language of the Constitution and Supreme Court opinions (including the analysis of Webster ), he presents a series of opinion studies in important cases, focusing not on ideology but on the Justices' clarity of thought and expression. Using the two Brown v. Board of Education cases, Cooper v. Aaron , Regents of the University of California v. Bakke , and others as his examples, Goldstein demonstrates the pitfalls to which the Court has succumbed in the past: Writing deliberately ambiguous decisions to win the votes of colleagues, challenging each others' opinions in private but not in public, and not speaking honestly when the writer knows a concurring Justice misunderstands the opinion which he or she is supporting. Even some landmark decisions, he writes, have featured seriously flawed opinions--preventing We the People from understanding why the Justices reasoned as they did, and why they disagreed with each other. He goes on to suggest five "canons of comprehensibility" for Supreme Court opinions, to ensure that the Justices explain themselves clearly, honestly, and unambiguously, so that all the various opinions in each case would constitute a comprehensible message about their accord and discord in interpreting the Constitution. Both a fascinating look at how the Court shapes its opinions and a clarion call to action, this book provides an important addition to our understanding of how to maintain the Constitution as a living document, by and for the People, in its third century.
Read Less
Add this copy of The Intelligible Constitution: the Supreme Court's to cart. $2.50, good condition, Sold by Bookmans rated 4.0 out of 5 stars, ships from Tucson, AZ, UNITED STATES, published 1995 by Oxford University Press.
Add this copy of The Intelligible Constitution: the Supreme Court's to cart. $3.00, very good condition, Sold by Ahab Books rated 5.0 out of 5 stars, ships from Glencoe, CA, UNITED STATES, published 1992 by Oxford University Press.
Add this copy of The Intelligible Constitution (Oxford Paperbacks) to cart. $5.94, very good condition, Sold by Midtown Scholar Bookstore rated 5.0 out of 5 stars, ships from Harrisburg, PA, UNITED STATES, published 1995 by Oxford University Press.
Add this copy of Intelligible Constitution: the Supreme Court's to cart. $6.50, like new condition, Sold by Powell's Books Chicago rated 5.0 out of 5 stars, ships from Chicago, IL, UNITED STATES, published 1995 by Oxford University Press, USA.
Add this copy of Intelligible Constitution: the Supreme Court's to cart. $6.50, very good condition, Sold by Powell's Books Chicago rated 5.0 out of 5 stars, ships from Chicago, IL, UNITED STATES, published 1995 by Oxford University Press, USA.
Add this copy of Intelligible Constitution: the Supreme Court's to cart. $6.75, new condition, Sold by Powell's Books Chicago rated 5.0 out of 5 stars, ships from Chicago, IL, UNITED STATES, published 1995 by Oxford University Press, USA.
Add this copy of The Intelligible Constitution: the Supreme Court's to cart. $7.65, good condition, Sold by Wonder Book - Member ABAA/ILAB rated 5.0 out of 5 stars, ships from Frederick, MD, UNITED STATES, published 1992 by Oxford University Press, USA.
Choose your shipping method in Checkout. Costs may vary based on destination.
Seller's Description:
Good. Good condition. Very Good dust jacket. A copy that has been read but remains intact. May contain markings such as bookplates, stamps, limited notes and highlighting, or a few light stains.
Add this copy of The Intelligible Constitution: The Supreme Court's to cart. $10.00, very good condition, Sold by bookaddict rated 5.0 out of 5 stars, ships from sanford, ME, UNITED STATES, published 1992 by Oxford University Press, USA.
Choose your shipping method in Checkout. Costs may vary based on destination.
Seller's Description:
Very good in good dust jacket. Signed by author. Sewn binding. Cloth over boards. 224 p. Audience: General/trade. inscribed to "gayle" with appreciation "joe"
Add this copy of The Intelligible Constitution: the Supreme Court's to cart. $18.00, very good condition, Sold by Callaghan Books rated 2.0 out of 5 stars, ships from New Port Richey, FL, UNITED STATES, published 1992 by Oxford University Press.
Choose your shipping method in Checkout. Costs may vary based on destination.
Seller's Description:
Very Good in Near Fine jacket. Book DJ has very light surface wear to bottom front tip, 201 pages. Two small address labels, one at top of first front end paper, the other near bottom of title page below author's name, from Judge A. Novicki. Near Fine DJ/Near Fine book.
