We the People: The Fourteenth Amendment and the Supreme Court

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Oxford University Press, Nov 8, 2001 - Law - 286 pages
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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.
 

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Contents

The Judicial Usurpation of Politics
3
2 What Is the Constitution? And Other Fundamental Questions
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
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Page 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.

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About the author (2001)

Michael J. Perry holds the University Distinguished Chair in Law at Wake Forest University. From 1982 to 1997, he taught at the Northwestern University School of Law, where he held the Howard J. Trienens Chair in Law. Perry is the author of several books, including The Idea of Human Rights: Four Inquiries (Oxford, 1998), Religion in Politics: Constitutional and Moral Perspectives (Oxford, 1997), The Constitution in the Courts: Law or Politics? (Oxford, 1994), and Love and Power: The Role of Religion and Morality in American Politics (Oxford, 1991).

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