Courts and the Culture WarsBradley C. S. Watson Lexington Books, 2002 - 209 pagina's For much of the second half of the twentieth century, America's courts--state and federal--have injected themselves into what many critics consider to be fundamentally moral or political disputes. By constitutionalizing these disputes, many feel that the courts have reduced the ability of Americans to engage in traditional, political modes of settling differences over issues that excite particular passion. While legal discourse is well suited to choosing decisive winners and losers, political discourse is perhaps more conducive to reasonable compromise and accommodation. In Courts and the Culture Wars Bradley C. S. Watson has brought together some of America's most distinguished names in constitutional theory and practice to consider the impact of judicial engagement in the moral, religious, and cultural realms--including such issues as school prayer, abortion, gay rights, and expressive speech. |
Inhoudsopgave
Courts and the Culture Wars | 3 |
From Ockham to Blackmun The Philosophical Roots of Liberal Jurisprudence | 15 |
The Death of the Legalized Constitution and the Specter of Judicial Review | 27 |
Cultural Controversies and the Courts Abortion Homosexuality Church and State | 43 |
The Culture of Death the Higher Law and the Courts | 45 |
Who Owns the Right to Privacy? | 63 |
Tolerance and American Constitutionalism The Case of Gay Rights | 79 |
Religious Freedom Without Religious Neutrality Our Once and Future Constitutional Common Sense | 99 |
Stare Decisis Conservatisms OneWay Ratchet Problem | 127 |
The California Supreme Court in the Culture Wars A Case Study in Judicial Failure | 139 |
Courts Culture and Liberal Democracy | 151 |
Courts Culture and Community Rescuing Constitutional Supremacy from Judicial Supremacy | 153 |
The Voting Rights Act and the Politics of Multiculturalism The Challenge to Commercial Republicanism at Centurys Turn | 167 |
| 197 | |
About the Contributors | 205 |
About the Editor | |
Overige edities - Alles bekijken
Veelvoorkomende woorden en zinsdelen
abortion American argued autonomy privacy Bill of Rights Blackmun Bork Boy Scouts California Supreme Court Casey Chief Justice civil rights claim clause commercial republicanism Congress conservative constitutionalism culture war Culture Wars Dale decision democracy democratic dissent doctrine Dred Scott electoral equal protection establishment federal government Federalist Fourteenth Amendment freedom fundamental governmental grounds groups homosexuality human Hurley individual institutions interpretation issue judges judgment judicial minimalism judicial review jurisprudence Justice Scalia Law Review legalized Constitution legislative legislature liberal liberty Madison majority Manfredi matters ment minority moral natural law normative Ockham opinion original Planned Parenthood politics of multiculturalism principles prohibition question race racial radical feminism reason recognized redistricting religion religious neutrality representation right to privacy Romer rule sexual social Souter stare decisis statute Sunstein theory things tion tional toleration tradition U.S. Constitution U.S. Supreme Court unconstitutional undermine University Press