The Constitution in the Courts: Law or Politics? / Edition 1

The Constitution in the Courts: Law or Politics? / Edition 1

by Michael R. Perry
     
 

ISBN-10: 0195104641

ISBN-13: 9780195104646

Pub. Date: 01/28/1996

Publisher: Oxford University Press, USA

In the modern period of American constitutional law—the period since the U.S. Supreme Court outlawed racially segregated public schooling in Brown v. Board of Education (1954)—there has been a persistent and vigorous debate in the United States about whether the Court has merely been enforcing the Constitution or whether, instead, in the guise of

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Overview

In the modern period of American constitutional law—the period since the U.S. Supreme Court outlawed racially segregated public schooling in Brown v. Board of Education (1954)—there has been a persistent and vigorous debate in the United States about whether the Court has merely been enforcing the Constitution or whether, instead, in the guise of enforcing the Constitution, the Court has really been usurping the legislative prerogative of making political choices about controversial issues. In this book, Professor Perry carefully disentangles and then thoughtfully addresses the various fundamental issues at the heart of the controversy: What is the argument for "judicial review"? What approach to constitutional interpretation should inform the practice of judicial review? How large or small a role should the Court play in bringing the interpreted Constitution to bear in resolving constitutional conflicts? To what extent are the Court's most controversial modern decisions—for example, decisions about racial segregation, discrimination based on sex, abortion, and homosexuality—sound; to what extent are they problematic? The Constitution in the Courts is a major contribution to one of the most fundamental controversies in modern American politics and law.

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Product Details

ISBN-13:
9780195104646
Publisher:
Oxford University Press, USA
Publication date:
01/28/1996
Edition description:
New Edition
Pages:
288
Product dimensions:
6.13(w) x 9.25(h) x 0.74(d)

Table of Contents

1Constitutional Adjudication: Law or Politics?3
2The Argument for Judicial Review15
3The Argument for the Originalist Approach to Judicial Review28
4Originalism Does Not Entail Minimalism, I: The Indeterminacy of History54
5Originalism Does Not Entail Minimalism, II: The Indeterminacy of Morality70
6Skepticism about Minimalism - and about Nonminimalism, Too83
7The Original Meaning of the Fourteenth Amendment116
8The Supreme Court and the Fourteenth Amendment, I: Equal Protection136
9The Supreme Court and the Fourteenth Amendment, II: Substantive Due Process161
10Constitutional Adjudication: Law and Politics192
Notes205
Index269

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