The Constitutional Bases of Political and Social Change in the United States

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Shlomo Slonim
Greenwood Publishing Group, 1990 - Civil rights - 375 pages
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This volume collects the papers presented at a conference sponsored by the Hebrew University of Jerusalem to mark the bicentennial of the framing and adoption of the U.S. Constitution. The conference joined distinguished members of the American judiciary, bar, and academia and their Israeli counterparts in an intensive debate on the part the Constitution has assumed in American life during the 200 years of its existence. Each paper focuses specifically on one aspect of the Constitution; the subject matter ranges from executive-legislative relations to minority rights, religious freedom, and constitutional reform. Throughout, comments and rebuttals are also included. Unique in its international approach to constitutional issues and developments, this volume will be of significant interest to constitutional and legal scholars.

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

The Constitution and the Rise of an Ideological Court in a Nonideological Polity
3
THE HISTORICAL BACKGROUND
13
The Founding Fathers and the Constitution as a Vehicle for Change
15
EXECUTIVELEGISLATIVE RELATIONS
23
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
Copyright

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Page 215 - They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone — the most comprehensive of rights and the right most valued by civilized men.
Page 217 - The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance.
Page 217 - If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.
Page 308 - Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void...
Page 222 - They meant to set up a standard maxim for free society which should be familiar to all, and revered by all; constantly looked to, constantly labored for, and even though never perfectly attained, constantly approximated, and thereby constantly spreading and deepening its influence and augmenting the happiness and value of life to all people of all colors everywhere.
Page 217 - The Third Amendment in its prohibition against the quartering of soldiers "in any house" in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
Page 114 - I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.
Page 32 - When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter.
Page 47 - ... where the whole power of one department is exercised by the same hands which possess the whole power of another department, the fundamental principles of a free constitution are subverted.

About the author (1990)

SHLOMO SLONIM is Chair of the Department of American Studies at the Hebrew University of Jerusalem. He has written extensively in the field of American constitutional history.

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