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The Arc of Due Process in American Constitutional Law (Hardcover)
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The Arc of Due Process in American Constitutional Law (Hardcover)
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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 United States Constitution. However, what is not
always fully understood is the constitutional basis of these
rights, or the exact list of due process rights as they have
evolved over time through judicial interpretation. In The Arc of
Due Process in American Constitutional Law, Sullivan and Massaro
describe the intricate history of what are currently considered due
process rights, and maintain that modern constitutional theory and
practice must adhere to it. The authors focus on the origins and
contemporary uses of due process principles in American
constitutional law, while offering an overarching description of
the factors or normative concepts that allow courts to invalidate a
government action on the grounds of due process. They also analyze
judicial interpretations and expressions as a key manner and
perhaps the most powerful source of how due process has taken form
in the United States. In the process of charting this arc, the
authors describe the judicial analysis of rights within each
category applying an illustrative list, and identify several
fundamental norms that span these disparate threads of due process
and the most salient principles that animate due process doctrine.
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