We the People: The Fourteenth Amendment and the Supreme CourtOxford University Press, 2001 M11 8 - 286 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 1-5 de 90
Página 2
... basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty - one years of age in such State . 3. No person shall be a Senator or ...
... basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty - one years of age in such State . 3. No person shall be a Senator or ...
Página 9
... basis of a claim about what the Fourteenth Amendment does or does not forbid or require -- are the conflicts over racial segregation , race - based affirmative action , sex - based discrimination , homosexuality , abortion , and ...
... basis of a claim about what the Fourteenth Amendment does or does not forbid or require -- are the conflicts over racial segregation , race - based affirmative action , sex - based discrimination , homosexuality , abortion , and ...
Página 10
... basis on which the states are forbidden to discriminate by the Fourteenth Amendment ; the national government , therefore , may not discriminate on a racist basis . ( The Fourteenth Amendment applies only to the states , not to the ...
... basis on which the states are forbidden to discriminate by the Fourteenth Amendment ; the national government , therefore , may not discriminate on a racist basis . ( The Fourteenth Amendment applies only to the states , not to the ...
Página 11
... basis of its own understand- ing of what the norm forbids or requires , so long as that understanding is not ... basis of the Constitution but on some other , pseudo - constitutional basis ? If one wants to pursue such an inquiry , one ...
... basis of its own understand- ing of what the norm forbids or requires , so long as that understanding is not ... basis of the Constitution but on some other , pseudo - constitutional basis ? If one wants to pursue such an inquiry , one ...
Página 12
... basis of a norm not established by " We the people " . ( I argue in chapter 2 that the Court should sometimes resolve a constitutional conflict on the basis of such a norm . ) It is just to recognize that , as I emphasize in chapter 2 ...
... basis of a norm not established by " We the people " . ( I argue in chapter 2 that the Court should sometimes resolve a constitutional conflict on the basis of such a norm . ) It is just to recognize that , as I emphasize in chapter 2 ...
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 - 1999 |
We the People: The Fourteenth Amendment and the Supreme Court Michael J. Perry Vista de fragmentos - 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
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...
Referencias a este libro
Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending ... John R. Vile Sin vista previa disponible - 2003 |
Religion and the Law in America: An Encyclopedia of Personal ..., Volumen1 Scott A. Merriman Sin vista previa disponible - 2007 |