We the People: The Fourteenth Amendment and the Supreme CourtSeveral 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. |
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Contenido
| 3 | |
| 15 | |
What Norms Did We the People Establish? | 48 |
Segregation and Affirmative Action | 88 |
Sex and Sexual Orientation | 117 |
Abortion and PhysicianAssisted Suicide | 151 |
7 Concluding Reflections | 180 |
Notes | 187 |
Index | 259 |
Otras ediciones - Ver todas
We the People: The Fourteenth Amendment and the Supreme Court Michael J. Perry Vista previa limitada - 2001 |
Términos y frases comunes
abortion according achieve affirmative action American antidiscrimination norm applies argument basis believe benefit chapter citizens Civil claim Clause communicate conclude Congress Consider constitutional constitutional bedrock constitutional norm constitutionally context costs decision deny directive discrimination due process effect enacted enforce equal protection example explained fact forbids Fourteenth Amendment freedom governmental historical homosexuals human immunities norm important interest interpretation issue judges judgment judicial judicial usurpation Justice language least legislation less liberty majority matter mean ment Michael minority moral national government norm established original outlawing particular persons political position practice premise privileges and immunities privileges or immunities provision question race racial racist reason refer representatives requires respect Richard ruling sense sexual statute suicide Supreme Court Things tion treat treatment understanding understood United violate women
Pasajes populares
Página 100 - States to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punishment, pains and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.
Página 51 - That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...
Página 32 - Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
Página 2 - Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
Página 39 - At the same time the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
Página 155 - Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress for all concerned, associated with the unwanted child...
Página 55 - ... the freedom of the slave race, the security and firm establishment of that freedom, and the protection of the newly -made freeman and citizen from the oppressions of those who had formerly exercised unlimited dominion over him.
Página 198 - All new laws, though penned with the greatest technical skill and passed on the fullest and most mature deliberation, are considered as more or less obscure and equivocal until their meaning be liquidated and ascertained by a series of particular discussions and adjudications.
Página 100 - Territory in the United States to make and enforce contracts; to sue, be parties, and give evidence ; to inherit, purchase, lease, sell, hold, and convey real and personal property...
Información bibliográfica
| Título | We the People: The Fourteenth Amendment and the Supreme Court |
| Autor | Michael J. Perry |
| Editor | Oxford University Press, 2001 |
| ISBN | 0195348605, 9780195348606 |
| Largo | 286 páginas |
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