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Constitutional Symmetry: Judging in a Divided Republic

Constitutional Symmetry: Judging in a Divided Republic

Constitutional Symmetry: Judging in a Divided Republic

Author: Zachary S. Price
Publisher: Cambridge University Press
ISBN: 9781009391832

Published In: November 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781009391849

List Price: RMB 342.32

RMB 332.05 Save RMB 10.27 (3%)

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Description
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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.

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

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