We the People

The author evaluates the grave charge that the modern Supreme Court has engineered a "judicial usurpation of politics". In particular, h inquires which of the several Fourteenth Amendment conflicts - the conflicts over race segregation, race-based affirmative action, sex-based discrimination, homosexuality, abortion, and physician-assisted suicide - have been resolved as they should have been resolved. Michael J. Perry lays the necessary groundwork for his inquiry by addressing both questions of constitutional theory and questions of constitutional history.