Constructing Basic Liberties: A Defense of Substantive Due Process by James E. Fleming, James E. Fleming

Constructing Basic Liberties: A Defense of Substantive Due Process
James E. Fleming, James E. Fleming
Page: 288
Format: pdf, ePub, mobi, fb2
ISBN: 9780226821405
Publisher: University of Chicago Press
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A strong and lively defense of substantive due process.
  
 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 the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today.  
  
 Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. 
  
 Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.

Due Process of Law :: Fourteenth Amendment
        Substantive due process has generally dealt with specific subject areas, such as liberty of contract or privacy, and over time has alternately emphasized the 
        MAKING SENSE OF OBERGEFELL
        of the liberty interest.8. I. THE GLUCKSBERG TEST. Substantive due process is one of the most highly contested issues in American law.9 Under the doctrine, 
        Fifth Amendment | Wex | US Law | LII / Legal Information Institute
        The clauses incorporated within the Fifth Amendment outline basic constitutional limits on police procedure. The Framers derived the Grand Juries Clause and the 
        The Roar of a Wave that Could Drown the Whole World
        Their discussion will center on Professor James E. Fleming's timely new book, Constructing Basic Liberties: A Defense of Substantive Due Process (University 
        Constructing Basic Liberties: A Defense of Substantive Due
        Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the 
        Constructing Basic Liberties - Booktopia
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        Due Process as Separation of Powers | Columbia Law School
        See also the work of the Constitutional Accountability Center. 5 Frederick Mark Geddicks, An Originalist Defense of Substantive Due Process: Magna Carta, Higher 
        Due Process of Law: A Brief History: Orth, John V. - Amazon.com
        Due Process of Law: A Brief History [Orth, John V.] on Amazon.com. Constructing Basic Liberties: A Defense of Substantive Due Process.
        A Natural Rights Basis for Substantive Due Process of Law in
        that is, I construct a Mirror Image of traditional due process analysis "What are the fundamental liberties of persons under the due process clause of.
        Constructing Basic Liberties: A Defense of  - Split Rock Books
        Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the 
        Fidelity, Basic Liberties, and the Specter of Lochner
        Lochner.3 In the Lochner Era, the Supreme Court gave height- ened judicial protection to substantive economic liberties through the Due Process Clauses.
        TRADITION AS PAST AND PRESENT IN SUBSTANTIVE DUE
        Supreme Court, tradition is the only legitimate source of substantive due process rights; in other words, no matter how well-accepted a liberty or identity

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