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Constitutional Rights, Moral Controversy, and the
Constitutional Rights, Moral Controversy, and the

Constitutional Rights, Moral Controversy, and the Supreme Court

Product ID : 34997803
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Galleon Product ID 34997803
UPC / ISBN 052118441X
Shipping Weight 0.79 lbs
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Binding: Paperback
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Model
Manufacturer Cambridge University Press
Shipping Dimension 8.27 x 5.43 x 0.79 inches
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Author Michael J. Perry
Number Of Pages 266
Package Quantity 1
Publication Date 2010-12-23
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About Constitutional Rights, Moral Controversy, And The

Product Description In this important new book, 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. The author, a leading constitutional scholar, 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 which it is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: (1) Is the challenged law unconstitutional? (2) Is the lawmakers' judgment that the challenged law is constitutional a reasonable judgment? (One can answer both questions in the affirmative.) By focusing on the death penalty, abortion, and same-sex unions, Perry provides illuminating new perspectives not only on moral controversies that implicate one or more constitutionally entrenched human rights, but also on the fundamental question of the Supreme Court's proper role in adjudicating such controversies. Review Review of the hardback: 'Perry's book presents an elegant, comprehensive, but remarkably concise exposition of how human rights claims should be treated in constitutional adjudication. On the way, it offers a compelling recapitulation of the moral and legal arguments associated with three of the most contentious issues in American politics: capital punishment, abortion and same-sex marriage. Perry's discussions of these difficult questions are clear, smart, and painstakingly fair.' Richard S. Kay, University of Connecticut School of Law Review of the hardback: 'Michael Perry lights a blazing path out of today's deepest political gulfs. Nobody who reads this book will think about the death penalty, abortion, gay rights, indeed about democracy, in the same way again. Elegantly simple, powerful, and practical, Perry's book belongs on every citizen's nightstand.' Jason Mazzone, Brooklyn Law School Review of the hardback: 'Should a court presume to strike down a democratically enacted law as 'unconstitutional' even though scholars, judges, and citizens emphatically disagree about what the Constitution means? Michael Perry addresses this question with passion and insight and with respect to 'hot button' issues like abortion and same-sex marriage. His answers will persuade some and provoke others, but either way they force us to think hard about a question of crucial importance to a diverse and democratic nation.' Steven Smith, University of San Diego Book Description The author examines the constitutionality of capital punishment, of laws banning abortion, and of policies denying the benefit of law to same-sex unions. He provides illuminating new perspectives not only on moral controversies that implicate constitutionally entrenched human rights but also on the fundamental question of the Supreme Court's proper role in adjudicating such controversies.