Constitutional Symmetry - Judging in a Divided Republic

Intense political disagreements over constitutional law and the Supreme Court have divided America. Constitutional Symmetry offers a fresh perspective by urging judges to make decisions that work 'symmetrically' across major partisan and ideological divides instead of favoring one partisan coalition over the other. Zachary S. Price argues this approach will aid the political process, align with the role morality of judging, and advance the framers' hopes for the Constitution. Chapters explore how this approach can encourage new solutions to fraught debates over free speech, religious liberty, separation of powers, federalism, affirmative action, gun rights, abortion, parental rights, and the law of democracy. Timely and innovative, this book is must-read for anyone seeking to understand the sources and implications of constitutional polarization in the contemporary United States.

List of contents

Introduction. The constitution and polarized politics; Part I. Symmetry Explained: 1. The problem; 2. The solution; 3. Reasons to favor symmetry; 4. Objections, alternatives, and refinements; Part II. Symmetry applied: 5. Speech, association, and religion; 6. Separation of powers and federalism; 7. Equal protection; 8. Guns and fundamental rights; 9. Law of democracy; Conclusion. a republic if you can keep it.

About the author

Zachary S. Price is a professor at the University of California College of the Law, San Francisco.

Summary

Addressing the intense political debates surrounding constitutional law and the Supreme Court, this book urges judges to resist politicization and make decisions that benefit both conservatives and progressives. A must-read for anyone seeking to understand the sources and implications of constitutional disagreements in contemporary America.

Foreword

Urges judges to craft constitutional decisions that favor neither conservatives nor progressives but provide important protections for both.

Product details

• Authors: Zachary S. Price, Zachary S. (University College of the Law Price
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 31.07.2024
• EAN: 9781009391849
• ISBN: 978-1-0-0939184-9
• No. of pages: 272
• Subjects: Social sciences, law, business > Law > General, dictionaries; USA, Political Parties, POLITICAL SCIENCE / Political Process / Political Parties, POLITICAL SCIENCE / History & Theory, LAW / Constitutional, LAW / Jurisprudence, Political science & theory, United States of America, USA, Jurisprudence & general issues, Political science and theory, Political parties and party platforms, Jurisprudence and general issues, Constitutional & administrative law, Constitutional and administrative law: general