Constitutional Rights, Moral Controversy, and the Supreme Court
"In Constitutional Rights, Moral Controversy, and the Supreme Court, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions." "Perry explains that if a majority of the justices of the Supreme court believes that a law violates the constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in...
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This book examines the Supreme Court's proper role in adjudicating moral controversies that implicate constitutional rights.
Introduction A (Partial) Theory of Judicial Review 11 Human Rights: From Morality to Constitutional Law 92 Constitutionally Entrenched Human Rights, the Supreme Court, and Thayerian Deference 353 Capital Punishment 514 Same-Sex Unions 935 Abortion 1316 Thayerian Deference Revisited 169 Postscript: Religion as a Basis of Lawmaking? Herein of the Non-establishment of Religion 189 Index 229
