We the People: The Fourteenth Amendment and the Supreme CourtOxford University Press, 1999 - 275 páginas Several of the most divisive moral conflicts that have beset Americans in the period since World War II have been transmuted into constitutional conflicts and resolved as such. In his new book, eminent legal scholar Michael Perry evaluates the grave charge that the modern Supreme Court has engineered a "judicial usurpation of politics." In particular, Perry inquires which of several major Fourteenth Amendment conflicts--over race segregation, race-based affirmative action, sex-based discrimination, homosexuality, abortion, and physician-assisted suicide--have been resolved as they should have been. He lays the necessary groundwork for his inquiry by addressing questions of both constitutional theory and constitutional history. A clear-eyed examination of some of the perennial controversies in American life, We the People is a major contribution to modern constitutional studies. |
Dentro del libro
Resultados 1-3 de 64
Página 22
... ment , but state government too , may not establish religion or prohibit the free exercise thereof or abridge the freedom of speech or the free- dom of the press . It is at least somewhat controversial whether , even if the Fourteenth ...
... ment , but state government too , may not establish religion or prohibit the free exercise thereof or abridge the freedom of speech or the free- dom of the press . It is at least somewhat controversial whether , even if the Fourteenth ...
Página 38
... ment about what the Constitution forbids is not to say that the Court should never conclude that the Constitution commits resolution of a con- flict about what some provision of the Constitution forbids to a branch of the national ...
... ment about what the Constitution forbids is not to say that the Court should never conclude that the Constitution commits resolution of a con- flict about what some provision of the Constitution forbids to a branch of the national ...
Página 105
... ment reliance on affirmative action ? That government - sponsored affir- mative action delays the arrival of the day when the color of one's skin is no longer seen to be a morally relevant factor ; that it can serve to reinforce the ...
... ment reliance on affirmative action ? That government - sponsored affir- mative action delays the arrival of the day when the color of one's skin is no longer seen to be a morally relevant factor ; that it can serve to reinforce the ...
Contenido
The Judicial Usurpation | 3 |
What Norms | 48 |
Sex and Sexual Orientation | 117 |
Derechos de autor | |
Otras 4 secciones no mostradas
Otras ediciones - Ver todas
We the People: The Fourteenth Amendment and the Supreme Court Michael J. Perry Vista previa limitada - 2001 |
We the People: The Fourteenth Amendment and the Supreme Court Michael J. Perry Vista previa limitada - 1999 |
Términos y frases comunes
abortion abridge Adarand Constructors affirmative action American constitutional antidiscrimination norm argument Bill of Rights Bork Bruce Ackerman chapter City of Boerne Civil Rights claim conclude Congress constitutional bedrock constitutional law constitutional text constitutionally context Court's decision criterion of selection deny discrimination against homosexuals disfavored due process enacted enforce example Fifth Amendment forbids Fourteenth Amendment free exercise governmental purpose Harrison homosexuals Human Rights Immunities Clause immunities norm established indeterminate interpretation issue judgment judicial review judicial usurpation Justice legislation outlawing legitimate governmental liberty ment Michael moral national government nonwhite particular persons physician-assisted suicide position Posner premise privileges and immunities privileges or immunities question race race-based affirmative racial segregation racist racist basis Raoul Berger reason Richard Richard Posner Ronald Dworkin Scalia statute strict scrutiny Supreme Court T]he teenth Amendment Things tion tional United usurpation of politics violate women