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The Secret Constitution Resurgent

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0010
Subject:
Political Science, American Politics

This chapter examines the role of constitutional amendments in American legal culture. Amendments that have already been approved – such as those that instituted the income tax, the popular election ... More


The Myth of Rights: The Purposes and Limits of Constitutional Rights

Ashutosh Bhagwat

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.001.0001
Subject:
Law, Constitutional and Administrative Law

What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases — i.e., that rights protect autonomy. That understanding, however, is wrong; it is, ... More


Introduction

Nathaniel Persily

in Public Opinion and Constitutional Controversy

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195329414
eISBN:
9780199851720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329414.003.0001
Subject:
Political Science, American Politics

Whether a conflict deals with racial integration or abortion, school prayer or gay rights, flag burning or the right to die, the most polarizing controversies of today's politics often find a home in ... More


Flag Burning

Peter Hanson

in Public Opinion and Constitutional Controversy

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195329414
eISBN:
9780199851720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329414.003.0009
Subject:
Political Science, American Politics

In the nearly two decades since Texas v. Johnson, public opposition to flag burning did not changed. But support for an amendment to overturn the decision did wane, and the public no longer views ... More


Rights, Duties, and the Flag

George P. Fletcher

in Loyalty: An Essay on the Morality of Relationships

Published in print:
1995
Published Online:
October 2011
ISBN:
9780195098327
eISBN:
9780199852901
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195098327.003.0007
Subject:
Philosophy, Moral Philosophy

In the course of the twentieth century, flag desecration came to be understood as symbolic speech offensive to observers. In 1989, the Supreme Court declared state legislation prohibiting flag ... More


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