The Constitutional Bases of Political and Social Change in the United States
Following two papers that provide a backdrop to the debate by reviewing the historical background of the Constitution and examining the rise of the Supreme Court, the contributors move on to address such issues as: the issue of executive-legislative relations and the impacts of the Constitution on these relations over the years; the inherent tensions that exist between the establishment and free exercise clauses in the First Amendment; the question of minority rights under the Constitution as relates to both race and gender; and the newly discovered right of privacy under the constitution. Subsequent papers address whether the Constitution needs amending and explore the impact of the U.S. Constitution on Israeli jurisprudence. In the final group of essays, the contributors deal with the possible assumption by the U.S. Supreme Court of a new role--a more forthright involvement in promoting social justice. |
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Contents
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Tension in the Twilight Zone The President and Congress in Foreign Affairs | 25 |
Congressional Supervision of the Executive Branch The Necessity for Legislative Controls | 43 |
Comments | 62 |
The Case for Constitutional Revision | 68 |
James Madisons Triumph The Fourteenth Amendment | 199 |
The Right to Privacy and Legitimate Constitutional Change | 213 |
Comment | 236 |
REFORMING THE CONSTITUTIONAL SYSTEM | 241 |
The Case for Reform | 243 |
Obstacles on the Road to Reform | 257 |
Comments | 280 |
Dont Mess with the Constitution | 282 |
THE ESTABLISHMENT AND FREE EXERCISE CLAUSES RESOLVING THE INHERENT TENSION | 71 |
The Religion Clauses of the First Amendment Reconciling the Conflict | 73 |
Seeking Tolerance Do Courts Respect Religious Observance? | 95 |
Comment | 103 |
MINORITY RIGHTS UNDER THE CONSTITUTION RACE | 107 |
Affirmative Action Is It Just? Does It Work? | 109 |
SocioDynamic Equality The Contribution of the Adversarial Process | 141 |
Comment | 164 |
MINORITY RIGHTS UNDER THE CONSTITUTION GENDER | 169 |
Reconstitutions History Gender and the Fourteenth Amendment | 171 |
Employment of the Constitution to Advance the Equal Status of Men and Women | 185 |
INDIVIDUAL LIBERTIES AND THE RIGHTS OF PRIVACY | 197 |
THE VIEW FROM ISRAEL | 285 |
Judicial Perspectives The View from Israel | 287 |
The Influence of First Amendment Jurisprudence on Judicial Decision Making in Israel | 295 |
Comment | 314 |
SOCIAL CHANGE AND SOCIAL JUSTICE A NEW ROLE FOR THE CONSTITUTION? | 319 |
Of Courts Judicial Tools and Equal Protections of the Laws | 321 |
The Constitution Economic Rights and Social Justice | 337 |
The Constitution and Social Change A Comment | 353 |
Index | 357 |
Contributors | 373 |