The second founding: an introduction to the Fourteenth Amendment
by Wurman, Ilan
"The standard public debate over the Fourteenth Amendment goes something like this. Critics of the Supreme Court's interpretations of the Fourteenth Amendment over the last several decades believe that the Court has used the Amendment's provisions for "due process of law" and "equal protection of the laws" as open-ended vehicles for judicial policymaking, whether on abortion or gay marriage or a host of other issues. Indeed, it is difficult for someone sympathetic to the result in the 2015 gay …
Read More ↓Title Statements
- Full title :The second founding : an introduction to the Fourteenth Amendment / Ilan Wurman, Sandra Day O'Connor College of Law at Arizona State University.
Summary
"The standard public debate over the Fourteenth Amendment goes something like this. Critics of the Supreme Court's interpretations of the Fourteenth Amendment over the last several decades believe that the Court has used the Amendment's provisions for "due process of law" and "equal protection of the laws" as open-ended vehicles for judicial policymaking, whether on abortion or gay marriage or a host of other issues. Indeed, it is difficult for someone sympathetic to the result in the 2015 gay marriage case Obergefell v. Hodges to read the Court's opinion and get the feeling that what the Court is doing is law. The case was decided under the rather nebulous concept "substantive due process," the idea that the Fourteenth Amendment's injunction that no person shall be deprived of life, liberty, or property without due process of law is not merely about process as its terms might suggest, but also about "substance"--Namely, that the clause protects unwritten, unenumerated fundamental rights or prohibits arbitrary and oppressive legislation"--
Read More ↓Edition Statements
- Publication Date:©2020
Publication Statements
- Publisher(s):Cambridge University Press
- Place of Publication:Cambridge, United Kingdom
- Language:eng
- Publication Date:©2020
The Physical Object
- Description:1 online resource (x, 188 pages) : : illustrations
Edition Identifiers
- ISBN:9781108914956, 1108914950, 1108823955, 9781108823951
- oclc:on1192304246
- LC Classification:KF4558 14th
- Dewey Decimal:342.7308/5
Table of Contents
Due process of law -- Protection of the laws -- The privileges and immunities of citizenship -- Abridgement of rights before and after the Civil War -- The Fourteenth Amendment -- Privileges, immunities, and incorporation -- The past and future of the Fourteenth Amendment.
Read More ↓Subjects
Writers
No reviews yet. Be the first to rate this work.
Related Works
more →
Human rights in India
Regional human rights systems
The trial on trial
Rate & Review