{"product_id":"book-1xcs","title":"Constructing Basic Liberties","description":"\u003cp\u003e\u003cstrong\u003eA strong and lively defense of substantive due process.\u003c\/strong\u003e\u003c\/p\u003e\u003cp\u003eFrom reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial-a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism-and is deeply vulnerable today. \u003c\/p\u003e\u003cp\u003eAgainst recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic,\u003cem\u003e Constructing Basic Liberties\u003c\/em\u003e reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. \u003c\/p\u003e\u003cp\u003eElaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all. \u003c\/p\u003e","brand":"INAudio","offers":[{"title":"Audiobook","offer_id":67150581465392,"sku":"BD1xcs","price":9.99,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0879\/2784\/9264\/files\/1xcs-Square-cover.png?v=1782488520","url":"https:\/\/downpour.com\/products\/book-1xcs","provider":"Downpour","version":"1.0","type":"link"}