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This edited volume in American constitutionalism places the Supreme
Court's declaration of same-sex marriage rights in U.S. v. Windsor
(2013) and Obergefell v. Hodges (2015) within the context of the
Court's developing understanding of the legal and social status of
marriage and the family. Leading scholars in the fields of
political science, law, and religion examine the roots of the
Court's affirmation of same-sex rights in a number of areas related
to marriage and the family including the right to marry, equality
and happiness in marriage, the right to privacy, freedom of
association, property rights, parental power, and reproductive
rights. Taken together, these essays evaluate the extent to which
the Court's recent marriage rulings both break with and derive from
the competing principles of American Constitutionalism.
This volume provides a fresh perspective on current democratic
theory and practice by recovering the rich evaluations of democracy
in the history of political thought. Each author addresses a single
thinker's reflections on the virtues and defects of democracy and
the relationship between democracy and other regimes. Together,
these essays explore the tensions within the democratic way of life
that arise from an attachment to equality, liberty, citizenship,
law, and the divine. Above all, this work aims at recovering a more
complex understanding of democracy, connecting the perennial
questions of political philosophy to the perplexities and crises of
modern democracy.
This volume provides a fresh perspective on current democratic
theory and practice by recovering the rich evaluations of democracy
in the history of political thought. Each author addresses a single
thinker's reflections on the virtues and defects of democracy and
the relationship between democracy and other regimes. Together,
these essays explore the tensions within the democratic way of life
that arise from an attachment to equality, liberty, citizenship,
law, and the divine. Above all, this work aims at recovering a more
complex understanding of democracy, connecting the perennial
questions of political philosophy to the perplexities and crises of
modern democracy.
This book examines liberty's Constitutional meaning through the
jurisprudence of Justice Stephen Field, one of the late-Nineteenth
Century's most influential Supreme Court Justices. A Lincoln
appointee who served on the Court from 1863-1897, Field articulated
a view of Constitutional liberty that speaks to contemporary
disputes. Today, some see liberty as protection through government
regulation against private oppression. Others see liberty as
protection from government through limits on governmental power.
Justice Field is often viewed as siding against government power to
regulate, acting as a pre-cursor to the infamous "Lochner" Era of
the Court. This work explains how Field instead saw both these
competing conceptions of liberty as legitimate. In fact, the two
cooperated toward a common end. In his opinions, Field argued that
protections through and from government worked in tandem to guard
fundamental individual rights. In describing this view of liberty,
Field addressed key Constitutional provisions that remain a source
of debate, including some of the earliest interpretations of the
Due Process Clause, its relationship to state police power and
civil rights, and some of the earliest assertions of a national
police power through the Commerce Clause. This work furthermore
addresses the underpinnings of Field's views, namely that he
grounded his reading of the Constitution in the context of the
common law and the Declaration of Independence. In his principles
as well as his approach, this book argues, Justice Field presents a
helpful discussant in ongoing debates regarding the meaning of
liberty and of the Constitution.
This book examines liberty's Constitutional meaning through the
jurisprudence of Justice Stephen Field, one of the late-Nineteenth
Century's most influential Supreme Court Justices. A Lincoln
appointee who served on the Court from 1863-1897, Field articulated
a view of Constitutional liberty that speaks to contemporary
disputes. Today, some see liberty as protection through government
regulation against private oppression. Others see liberty as
protection from government through limits on governmental power.
Justice Field is often viewed as siding against government power to
regulate, acting as a pre-cursor to the infamous "Lochner" Era of
the Court. This work explains how Field instead saw both these
competing conceptions of liberty as legitimate. In fact, the two
cooperated toward a common end. In his opinions, Field argued that
protections through and from government worked in tandem to guard
fundamental individual rights. In describing this view of liberty,
Field addressed key Constitutional provisions that remain a source
of debate, including some of the earliest interpretations of the
Due Process Clause, its relationship to state police power and
civil rights, and some of the earliest assertions of a national
police power through the Commerce Clause. This work furthermore
addresses the underpinnings of Field's views, namely that he
grounded his reading of the Constitution in the context of the
common law and the Declaration of Independence. In his principles
as well as his approach, this book argues, Justice Field presents a
helpful discussant in ongoing debates regarding the meaning of
liberty and of the Constitution.
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