"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 "e…
"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 'e…
"From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial-a battleground for opposing views around t…
A second death of substantive due process? Our practice of substantive due process ; The coherence and structure of substantive due process ; The rational continuum of ordered liberty -- Substantive due process does not "effectively decree the end of morals legislation". Is subs…
"From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial-a battleground for opposing views around t…
Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the Uni…
"Controversies over military tribunals, parental rights, same-sex marriage, information privacy, procedural rights of juveniles and prisoners, physician-assisted suicide, and reproductive rights fill the landscape of contemporary legal debate and media discussion. All fall under…
Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the Uni…
"Timothy Sandefur's insightful new book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community-…