We the People: The Fourteenth Amendment and the Supreme Court

By Michael J. Perry | Go to book overview

NOTES

Preface
1.
Some better known recent examples: Bruce Ackerman, We the People: Foundations ( 1993); Bruce Ackerman, We the People: Transformations ( 1998); Forrest McDonald , We the People: The Economic Origins of the Constitution ( 1992); Theodore J. Lowi et al., We the People: An Introduction to American Politics 1997).
2.
My earlier constitutional writings include two books: Michael J. Perry, The Constitution, the Courts, and Human Rights ( 1982); Michael J. Perry, The Constitution in the Courts: Law or Politics? ( 1994). I have focused, in other writings, mainly on two other topics: first, the proper role of morality, including religious morality, in the politics and law of a liberal democracy like the United States; and, second, the relation of religion to morality. See Michael J. Perry, Morality, Politics, and Law ( 1988); Michael J. Perry, Love and Power ( 1991); Michael J. Perry, Religion in Politics ( 1997); Michael J. Perry, The Idea of Human Rights ( 1998).
3.
See Steven D. Smith, The Supreme Court and the Pride of Reason ( 1998).

Chapter 1
1.
163 U.S. 537, 558.
2.
347 U.S. 483.
3.
See Charles L. Black Jr., Decision According to Law 33 ( 1981) (describing Brown as "the decision that opened our era of judicial activity"). See also William J. Brennan Jr. , "Why Have a Bill of Rights?" 9 Oxford J. Legal Studies 425, 430-31 ( 1989).
4.
In Dred Scott v. Sandford, 60 U.S. (19 How.) 393--surely the single most in- famous case in American constitutional law--the Supreme Court ruled that under the Constitution, Congress lacked power to outlaw slavery in the federal territories and that "a man of African descent, whether a slave or not, was not and could not be a citizen of a State or of the United States." Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 73 ( 1872). See Robert P. George, "The Tyrant State," First Things, November 1996, at 39, 40: " [T]he Supreme Court of the United States, in a ruling that helped to precipitate the Civil War, held in Dred Scott v. Sandford that blacks were noncitizens--and, for all practical purposes, nonpersons--possessed of no rights that white people must respect." On Dred Scott, see Don E. Fehrenbacher, The Dred Scott Case: Its Significance in American Law and Politics ( 1978). For a shorter commentary, see Don E. Fehrenbacher, "Dred Scott v. Sandford, 19 Howard 393 ( 1857)," in 2 Encyclopedia of the American Constitution 584 ( Leonard W. Levy , Kenneth L. Karst, & Dennis J. Mahoney eds., 1986).
5.
198 U.S. 45.
6.
The November 1996 installment of the symposium, along with a subsequent installment (from the January 1997 issue of First Things) and many other, related pieces, have been reprinted in a book: The End of Democracy? The Judicial

-187-

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