Читать книгу Justice Rehnquist, the Supreme Court, and the Bill of Rights - Steven T. Seitz - Страница 11

We eschew use of commentaries or commentaries on commentaries for several reasons. First, there is no real substitute for a deep reading of the cases, their concurrences, and their dissents. Second, the book examines hundreds of cases. A sizable proportion of these have been the object of commentaries, etc. Reviewing these commentaries would make the book impossibly long. Even so, someone will always expect additional commentaries or commentaries on commentaries. This becomes a dark hole from which there is no escape. Third, commentaries on cases taken out of historical context are often misleading or irrelevant. Much the same applies to personal papers, reflections, and books written by the justices. Most of these contain myopic analyses that do not fit well with an historical development of sovereignty-based themes. The source material for this book must focus on the cases themselves. Sometimes a thematic issue is a side matter in a case, but subsequently it becomes a precedent. The book traces themes across cases over time. Despite Rehnquist’s rejection of most dicta but his own, except that which he finds helpful, the dicta in many cases foreshadow the development of themes.

The book develops many themes found in the Bill of Rights and Civil War Amendments. Many remain undeveloped. Two require special note: economic substantive due process and a follow-up of the race theme developed in Dred Scott. These themes appear in many available resources. This book does explore substantive non-economic due process and the equal protection of women. Other focused themes are privileges and immunities, due process in several arenas, contracts, free speech, sex, and guns. The chronological examination opens a vantage point on these topics. All focus on the triangle of sovereignty, particularly individual sovereignty.