Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law
Larry Yackle
Abstract
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. This book 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. It matters who sits on the Supreme Court, the author argues, precisely because justices do create individual constitutional rights. Traversing a range of Supreme Court decisions that established cr ... More
Keywords: Supreme Court, nomination hearings, constitutional rights, justices, American Constitution, racial discrimination, death penalty, sexual freedom
Bibliographic Information
| Print publication date: 2007 | Print ISBN-13: 9780226944715 |
| Published to Chicago Scholarship Online: March 2013 | DOI:10.7208/chicago/9780226944739.001.0001 |
