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

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Shlomo Slonim
Greenwood Publishing Group, 1990 - 375 páginas

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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Contenido

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
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Acerca del autor (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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