We the People: The Fourteenth Amendment and the Supreme Court

Paperback | January 15, 2002

byMichael J. Perry

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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 hasengineered 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 theyshould 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 constitutionalstudies.

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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 hasengineered a "judicial usurpation of politics."...

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...

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Format:PaperbackDimensions:288 pages, 5.79 × 8.82 × 0.79 inPublished:January 15, 2002Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195151259

ISBN - 13:9780195151251

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Table of Contents

Preface1. Introduction: "The Judicial Usurpation of Politics"2. What is "the Constitution" (And Other Fundamental Questions)3. The Fourteenth Amendment: What Norms Did "We the People" Establish?4. The Fourteenth Amendment and Race: Segregation and Affirmative Action5. Beyond Race: Sex and Sexual Orientation6. Further Beyond: Abortion and Physician-Assisted Suicide7. Concluding Reflections

Editorial Reviews

"Michael Perry is a reflective man, and he is no doubt representative of the commentators now writing in the schools of law. And as he tries to address, through the law, questions of moral consequence, we may indeed see the furnishings of mind that prevail in the schools of law and shape thecharacter of our judges."--First Things