Waubonsee Community College

The second founding, an introduction to the Fourteenth Amendment, Ilan Wurman (Sandra Day O'Connor College of Law at Arizona State University)

eng

Includes bibliographical references and index

illustrations

index present

non fiction

The second founding

bibliography

1192304755

Ilan Wurman (Sandra Day O'Connor College of Law at Arizona State University)

an introduction to the Fourteenth Amendment

"The standard public debate over the Fourteenth Amendment goes something like this. Critics of the Supreme Court's interpretations of the Fourteenth Amendment over the last several decades believe that the Court has used the Amendment's provisions for 'due process of law' and 'equal protection of the laws' as open-ended vehicles for judicial policymaking, whether on abortion or gay marriage or a host of other issues. Indeed, it is difficult for someone sympathetic to the result in the 2015 gay marriage case Obergefell v. Hodges to read the Court's opinion and get the feeling that what the Court is doing is law. The case was decided under the rather nebulous concept 'substantive due process,' the idea that the Fourteenth Amendment's injunction that no person shall be deprived of life, liberty, or property without due process of law is not merely about process as its terms might suggest, but also about 'substance' namely, that the clause protects unwritten, unenumerated fundamental rights or prohibits arbitrary and oppressive legislation"--, Provided by the publisher