Recapturing the Constitution: Race, Religion, and Abortion Reconsidered
Recapturing the Constitution: Race, Religion, and Abortion Reconsidered claims that our wayward courts are partly responsible for our current societal ills and calls for a moral and cultural renewal by turning back to our Framers' understanding of law and society.
Presser illuminates the original understanding of the Constitution by exploring the decisions of the earliest federal judges, those who interpreted it closest in time to its ratification. What he finds is that these judges, as well as the Framers themselves, believed in an inextricable link between law and morality. Unlike the proponents of today's self-fulfillment culture, the Founders realized that in order for a society to prosper there needs to be a delicate balance struck between individual liberty and individual responsibility to the community.
When constitutional jurisprudence is returned to the original understanding. Presser contends, we will reject government mandated, race-conscious remedies, including most affirmative action, race-norming, or quota programs, and return to a "color-blind" Constitution; we will return to an understanding of the First Amendment which permitted state and local governments to promote religion on a non-sectarian basis; and we will allow state governments to decide the extent to which they wish to regulate abortion without interference from the federal courts.
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Beyond Jefferson and SelfActualization
Summary of the Argument
Recapturing the Constitution
E The Purpose of Political Life in a Republic
The Balancing Test Method
H Turning Back the Clock in Order to Understand
B The Earliest Federal Jurisprudence
F Roe v Wade
Summary of the Argument
Altering the Supreme Court
The Preservation of Popular Sovereignty Religion
E Hierarchy Deference and Elites
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abortion Amendment's American argued argument balancing test believed Bill of Rights Bork Casey Chapter Christian citizens Clarence Thomas clause color-blind Congress conservative constitutional law constitutionally Critical Legal Studies decision declared democracy dissent doctrine Dred Scott due process exercise federal courts federal government Federalist Fourteenth Amendment framers Frankfurter freedom Fries Hadley Arkes Harlan Harvard individual Iredell Jefferson Jeffersonian Joseph Story judges judicial review Judiciary jurisprudence Law Review legislative legislature liberal liberty Lochner Madison majority ment morality natural law opinion original understanding Oxford political popular sovereignty Presser principles prohibiting public schools race racial regard religion religious republic Robert Bork rule of law Russell Kirk Samuel Chase Scalia school prayer seditious libel Senate social society Souter suggest supra note 219 Supreme Court Justices Taney Terry Eastland text accompanying notes theory Thomas tion tional tradition trial United University Press views Warren Weisman York