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| PDF Title : | Making Constitutional Law |
|---|---|
| Total Page : | 257 Pages |
| Author: | Mark Tushnet |
| PDF Size : | 16.8 MB |
| Language : | English |
| Source : | indianpdf |
| PDF Link : | Available |
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Making Constitutional Law
Marshall’s approach to the law was often described as pragmatic, reflecting the understanding his wide experience gave him “of the way in which law worked in practice as well as on the books, of the way in which law acted on people’s lives.”
A student of Marshall’s antitrust decisions summarized them as having “a practical, commonsense approach, relatively uncomplicated by academic distinctions and elaborate doctrinal analysis.”
When the Court voted to uphold a procedure allowing someone storing a person’s goods to sell them without notifying the owner, Marshall told his colleagues, “This result is the opposite of what common sense would dictate.”
The opinion he published criticized the majority for its “callous indifference to the realities of life for the poor” and said, “we cannot close our eyes to the realities that led to this litigation.
“His law clerks reported the ease with which Marshall assimilated complex records in criminal cases. Having represented defendants in criminal cases, Marshall had a feel for the record: He understood what was going on in the courtroom even when it was not reflected in the cold words of a transcript.