Regulatory Rights Supreme Court Activism, the Public Interest, and the Making of Constitutional Law

Name: Regulatory Rights Supreme Court Activism, the Public Interest, and the Making of Constitutional Law
Price: 52.89 USD
Availability: InStock
ISBN: 9780226944715

ISBN-10: 0226944719

ISBN-13: 9780226944715

Edition: 2007

Authors: Larry Yackle

List price: $49.00

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Description:

We often hear—with particular frequency during recent Supreme Court nomination hearings—that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. InRegulatory Rights, Larry Yackle sets out to convince readers that such arguments fundamentally misconceive both the work that justices do and the character of the American Constitution in whose name they do it.nbsp; It matters who sits on the Supreme Court, he argues, precisely because justicesdocreate individual constitutional rights. Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and…

Book details

List price: $49.00
Copyright year: 2007
Publisher: University of Chicago Press
Publication date: 10/1/2007
Binding: Hardcover
Pages: 256
Size: 0.64" wide x 0.94" long x 0.08" tall
Weight: 1.100
Language: English



Acknowledgments


Introduction



The Documentary Constitution


Constitutional Law


Explanations


The Constancy of a Writing


The Legitimacy of a Compact


A Constitution Made by Judges


Textualism


Yawning Gaps


Vague and Ambiguous Terms


The Analogy to Statutes


The Text Writ Large


The Text in Context


Negative Examples


Originalism


The Framers


The Founding Generation


More Negative Examples



Constitutional Common Law


Rights


Natural Rights


Rights and Formalism


The Positive Present


Markets


The Unregulated Baseline


The Regulatory Present


The Public Interest


Natural Rights (Again)


The Police Power


Formalism (Again)


Laissez-Faire


Class Legislation


Efficiency and Elections



Regulatory Rights


Preliminaries


Restraints Neither Internal nor External


Regulatory Rights in the Literature


Due Process


The Substance of Process


Market Freedom


Fundamental Interests


Procedural Rights


Substantive Rights


Beyond the Bill of Rights


Abusive Behavior


Equal Protection


Equality and Purpose


The Overlap with Due Process


Classifications


Ordinary Classifications


Fundamental Interests (Again)


Suspicious Classifications


Freedom of Expression


Free Speech


Freedom of Religion


Cruel and Unusual Punishments



Rational Instrumentalism


Standards of Review


The Rational-Basis Test


Close Scrutiny


Means


The Level-of-Generality Question


Disproportionate Impact


Knowing a Means by Its Purpose


Individual Interests


Rights (Again)


The Level-of-Generality Question (Again)


Ends


The Search for Purpose


Techniques


Illustrations


A Purpose to Work With


Compelling Objectives


Impermissible Explanations


Tautological Ends


Of Conduct and Status


Conclusion


Notes


Index