Same-Sex Marriage and American Constitutionalism: A Study in Federalism, Separation of Powers, and Individual Rights

Paul Dry Books
Free sample

The two-decades-long controversy over same-sex marriage in the United States was finally resolved on June 26, 2015, when the U.S. Supreme Court handed down its decision in Obergefell v. Hodges, which held that the Fourteenth Amendment’s Due Process and Equal Protection Clauses required states to allow same-sex couples to marry on the same terms as opposite-sex couples.


Under our American system of government, divisive and often abiding disputes may be resolved either through legislation or judicial decisions.


In Same-Sex Marriage and American Constitutionalism, Murray Dry explains why the process by which Americans arrive at these resolutions can be as important as the substance of the resolutions themselves. By taking up the question of same-sex marriage, Dry excavates the bases of why and how Americans decide as we do (and as we have done when major questions arose in the past; think: school integration, abortion, gun control, and campaign finance).


As Professor Dry retraces the path that same-sex marriage took as it wended its way through the political (that is, the legislative) process and through the court system, he finds a vivid framework for the question, “Who should decide?” It’s a question often overlooked, but one that Dry believes should not be. He argues convincingly that it does matter whether the Supreme Court or the legislature makes the final decision—so that court-mandated law does not threaten democratic representative government, and so that legislation does not trample on fundamental constitutional rights.

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About the author

Murray Dry is the Charles A. Dana Professor of Political Science at Middlebury College. He is the author of Civil Peace and the Quest for Truth.

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Additional Information

Publisher
Paul Dry Books
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Published on
Dec 12, 2017
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Pages
192
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ISBN
9781589881020
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Language
English
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Genres
Law / Constitutional
Law / Gender & the Law
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Content Protection
This content is DRM protected.
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Available on Android devices
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Eligible for Family Library

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Slavery, segregation, abortion, workers' rights, the power of the courts. These issues have been at the heart of the greatest constitutional controversies in American history. And in this concise and thought-provoking volume, some of today's most distinguished legal scholars and commentators explain for a general audience how five landmark Supreme Court cases centered on those controversies shaped the country's destiny and continue to affect us even now. The book is a profound exploration of the Supreme Court's importance to America's social and political life. It is also, as many of the contributors show, an intriguing reflection of what some have seen as an important trend in legal scholarship away from an uncritical belief in the essentially benign nature of judicial power.

Robert George opens with an illuminating survey of the themes that unite and divide the five cases. Other contributors then examine each case in detail through a lively commentary-and-response format. Mark Tushnet and Jeremy Waldron exchange views on Marbury v. Madison, the pivotal 1803 case that established the power of the courts to invalidate legislation. Cass Sunstein and James McPherson discuss Dred Scott v. Sandford (1857), the notorious case that confirmed the rights of slaveowners, declared that black people could not be American citizens, and is often seen as a cause of the Civil War. Hadley Arkes and Donald Drakeman explore the legacy of Lochner v. New York (1905), a case that ushered in decades of judicial hostility to social welfare laws. Earl Maltz and Walter Murphy assess Brown v. Topeka Board of Education (1954), the famous case that ended racial segregation in public schools. Finally, Jean Bethke Elshtain and George Will tackle Roe v. Wade (1973), still a flashpoint a quarter of a century later in the debate over abortion. While some of the contributors show sympathy for strong judicial interventions on social issues, many across the ideological spectrum are sharply critical of judicial activism.


A compelling introduction to the greatest cases in U.S. constitutional law, this is also an enlightening glimpse of the state of the art in American legal scholarship.

An in-depth look at the defining document of America

Want to make sense of the U.S. Constitution? This plain-English guide walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents and sparked ongoing debates. You'll understand all the big issues — from separation of church and state to impeachment to civil rights — that continue to affect Americans' daily lives.

Get started with Constitution basics — explore the main concepts and their origins, the different approaches to interpretation, and how the document has changed over the past 200+ years

Know who has the power — see how the public, the President, Congress, and the Supreme Court share in the ruling of America

Balance the branches of government — discover what it means to be Commander in Chief, the functions of the House and Senate, and how Supreme Court justices are appointed

Break down the Bill of Rights — from freedom of religion to the prohibition of "cruel and unusual punishments," understand what the first ten amendments mean

Make sense of the modifications — see how amendments have reformed presidential elections, abolished slavery, given voting rights to women, and more

Open the book and find:

The text of the Constitution and its ammendments

Discussion of controversial issues including the death penalty, abortion, and gay marriage

Why the word "democracy" doesn't appear in the Constitution

What the Electoral College is and how it elects a President

Details on recent Supreme Court decisions

The Founding Fathers' intentions for balancing power in Washington

This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act, no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to the publishers.

Sir Alfred Stephen (1802-1894) reached the pinnacles of conoial life in New South Wales Chief Justice, Lieutenant Governor President of the Legislative Council philanthropist, patron of the arts, he is a textbook example of aspirations and possibilites---and success---in colonial Australia.

Born in St. Kitts. West Indies, and part of the great English legal civil service and literary family that includes Sir Janes Stephen and Virginia Woolf, Alfred Stephen left England for Tasmania in the 1830s. Ambitious and aggressive, he became a pioneer Crown law officer and was astonishingly successful financially, equally tactelelss, he fell out with the authorities and moved to Sydney in 1839 when offered a temporary judgeship.

He found instant success, becoming Chief Justice in 1844 and serving with great distincition until 1873, a term never exceeded in the state. At the same time, he was a central figure in the development of the great pubic institutions which came to dominate Sydney's social and cultural life-among other the University of Sydney, the Royal Prince Alfred Hospital, the NSW Art Gallery and the Australian Museum.

In addition, and despite the difficulty of providing for his many children on a fixed income, he was a great phianthropist. At his death, his funeral procession down Colege Street in Syndey had 120 carriages and extended for half a mile.

Dr John Michael Bennett, A.M. was awarded the 2006 New South Wales History Fellowship to assist in the writing of this biography.

John Bennett's meticulous, detaileld, and illuminating study of Sir Alfred's career and his contribution to law, politics, social reform and Austraian culture and society brings to life the remarkable public contributions of a remarkable man.

This book is essential reading for all those interested in the history of colonial politics and nineteenth century Australian society. Professor Stephen Garton

In this, the thirteenth and most ambitious volume in his series of judicial "lives", John Michael Bennett continues a project he began as a Semor Research Fellow in Law at the Australian National University 40 years ago.

Described by Australian Historical Studies as a series that adds "an important missing dimension in the field of legal history in Australia [and makes] engaging reading". It refelects Dr. Bennett's fastidious research couped with his long experience in professional law practice and in various academic positions.

His extensive publications chiefly in Legal History, but also as a law reporter and sometime Editor-in-Chief of The Australian Digest, have received much recognition and praise. He was twice awarded the C. H. Currey Memorial Fellowship by the State Library of New South Wales; was a Churchill Fellow in 2000 and received the New South Wales History Fellowship 2006 for the writing of this book.

On examination of published works, he has received the rare degrees of Doctor of Laws (Sydney) and Doctor of Letters (A.N.U.), and he is an Honorary Doctor of Letters (Sydney). A Life Member of The New South Wales Bar Association, he was appointed a Member of the Order of Australia in 2005 for services to the law.
Misogyny is a hot topic, yet it's often misunderstood. What is misogyny, exactly? Who deserves to be called a misogynist? How does misogyny contrast with sexism, and why is it prone to persist - or increase - even when sexist gender roles are waning? This book is an exploration of misogyny in public life and politics by the moral philosopher and writer Kate Manne. It argues that misogyny should not be understood primarily in terms of the hatred or hostility some men feel toward all or most women. Rather, it's primarily about controlling, policing, punishing, and exiling the "bad" women who challenge male dominance. And it's compatible with rewarding "the good ones," and singling out other women to serve as warnings to those who are out of order. It's also common for women to serve as scapegoats, be burned as witches, and treated as pariahs. Manne examines recent and current events such as the Isla Vista killings by Elliot Rodger, the case of the convicted serial rapist Daniel Holtzclaw, who preyed on African-American women as a police officer in Oklahoma City, Rush Limbaugh's diatribe against Sandra Fluke, and the "misogyny speech" of Julia Gillard, then Prime Minister of Australia, which went viral on YouTube. The book shows how these events, among others, set the stage for the 2016 US presidential election. Not only was the misogyny leveled against Hillary Clinton predictable in both quantity and quality, Manne argues it was predictable that many people would be prepared to forgive and forget regarding Donald Trump's history of sexual assault and harassment. For this, Manne argues, is misogyny's oft-overlooked and equally pernicious underbelly: exonerating or showing "himpathy" for the comparatively privileged men who dominate, threaten, and silence women. l
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