The Constitution in the Courts

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This book analyses the contemporary legal debates which are at the center of the current controversies over the Supreme Court. In the modern period of American constitutional law–the period since the U.S. Supreme Court outlawed racially segregated public schooling in Brown v. Board of Education (1954)–there has been a persistent and vigorous debate in the United States about whether the Court has merely been enforcing the Constitution or whether, instead, in the guise of enforcing the Constitution, the Court has really been usurping the legislative prerogative of making political choices about controversial issues. In this book, Professor Perry carefully disentangles…

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This book analyses the contemporary legal debates which are at the center of the current controversies over the Supreme Court.

In the modern period of American constitutional law–the period since the U.S. Supreme Court outlawed racially segregated public schooling in Brown v. Board of Education (1954)–there has been a persistent and vigorous debate in the United States about whether the Court has merely been enforcing the Constitution or whether, instead, in the guise of enforcing the Constitution, the Court has really been usurping the legislative prerogative of making political choices about controversial issues. In this book, Professor Perry carefully disentangles and then thoughtfully addresses the various fundamental issues at the heart of the controversy: What is the argument for \

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