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American Constitutionalism Marriage And The Family
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Book Synopsis American Constitutionalism, Marriage, and the Family by : Patrick N. Cain
Download or read book American Constitutionalism, Marriage, and the Family written by Patrick N. Cain and published by Rowman & Littlefield. This book was released on 2016-04-21 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the Supreme Court’s rulings in U.S. v. Windsor and Obergefell v. Hodges in light of its earlier rulings while also incorporating several prominent accounts of marriage and the family from the history of political philosophy.
Book Synopsis States of Union by : Mark E. Brandon
Download or read book States of Union written by Mark E. Brandon and published by University Press of Kansas. This book was released on 2013-09-17 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: In two canonical decisions of the 1920s—Meyer v. Nebraska and Pierce v. Society of Sisters—the Supreme Court announced that family (including certain relations within it) was an institution falling under the Constitution’s protective umbrella. Since then, proponents of “family values” have claimed that a timeless form of family—nuclear and biological—is crucial to the constitutional order. Mark Brandon’s new book, however, challenges these claims. Brandon addresses debates currently roiling America—the regulation of procreation, the roles of women, the education of children, divorce, sexuality, and the meanings of marriage. He also takes on claims of scholars who attribute modern change in family law to mid-twentieth-century Supreme Court decisions upholding privacy. He shows that the “constitutional” law of family has much deeper roots. Offering glimpses into American households across time, Brandon looks at the legal and constitutional norms that have aimed to govern those households and the lives within them. He argues that, well prior to the 1960s, the nature of families in America had been continually changing—especially during western expansion, but also in the founding era. He further contends that the monogamous nuclear family was codified only at the end of the nineteenth century as a response to Mormon polygamy, communal experiments, and Native American households. Brandon discusses the evolution of familial jurisprudence as applied to disputes over property, inheritance, work, reproduction, the status of women and children, the regulation of sex, and the legal limits to and constitutional significance of marriage. He shows how the Supreme Court’s famous decisions in the latter part of the twentieth century were largely responses to societal change, and he cites a wide range of cases that offer fresh insight into the ways the legal system responded to various forms of family life. More than a historical overview, the book also considers the development of same-sex marriage as a political and legal issue in our time. States of Union is a groundbreaking volume that explains how family came to be “in” the Constitution, what it has meant for family to be constitutionally significant, and what the implications of that significance are for the constitutional order and for families.
Book Synopsis Family Law in America by : Sanford N. Katz
Download or read book Family Law in America written by Sanford N. Katz and published by Oxford University Press. This book was released on 2011-07-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years family law was viewed as a study of the regulation of relationships of husband and wife and parent and child. Both relationships were clearly defined. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage. In the case of parent and child it was either through biology or adoption. Equally defined were the stages by which these relationships were established, maintained, and terminated. By the close of the twentieth century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were either being expanded to include contemporary patterns of living arrangements and the current reality or new models were being constructed. In Family Law in America, Professor Sanford N. Katz examines the present state of family law in America. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse and examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the reexamination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how additional models are being developed to take into account new family forms.
Book Synopsis Conjugal America by : Allan C. Carlson
Download or read book Conjugal America written by Allan C. Carlson and published by Routledge. This book was released on 2017-09-04 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: The institution of marriage has become perilously weak in America. Changes in the law over the past three decades, such as the spread of no-fault divorce and broad acquiescence to cultures of divorce and intentional childlessness, have stripped traditional marriage of important legal supports. Half of all marriages end in divorce and just as many are childless. Conjugal America seeks to recapture the real purposes of marriage and the unchanging nature of this most vital and fundamental human institution.Confronting contemporary issues and drawing heavily on the natural and social sciences, each chapter also reaches into the past to find truths grounded in human experience. Carlson reexamines the basic bond of marriage to procreation, showing that this tie has been no less than the foundation of the unwritten sexual constitution of Western civilization. He also shows how the Gnostic heresy, which despises procreation, posed a stark danger to the early Christian movement and to ""the sexual constitution"" of our own time as well. He then dissects claims regarding the ""evolution of marriage,"" showing that true marriage always represents the vital connection of the sexual with the economic.Carlson explores the political nature of marriage showing, why every ambitious totalitarian government seeks above all to destroy marriage, and why the true marital bond actually stands for liberty. He concludes by arguing for the necessity of marriage policy. Because both the nature of the centralizing state and the pressures of modernity have altered family circumstances, new protections and encouragements to marriage are now imperative. Conjugal America will be central to the new debate on marriage and its purposes. This book sees the current moment as an opportunity to revitalize a necessary institution that has recently been abused and neglected and reinstate it as the primary source of commitment and care in the modern world.
Book Synopsis Family Law in a Changing America by : Douglas NeJaime
Download or read book Family Law in a Changing America written by Douglas NeJaime and published by Aspen Publishing. This book was released on 2020-09-15 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family Law in a Changing America is a new casebook that highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before, having repudiated hierarchies based on race, gender, and sexuality. Yet, as our society has grown more economically unequal, so too have family patterns diverged—with marriage and marital child-rearing becoming a mark of privilege. A number of developments—mass incarceration, the privatization of care, and reproductive technologies—have also contributed to disparities based on race, class, and gender. The casebook reflects the law’s continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around 1) adult relationships and 2) parent-child relationships. Professors and students will benefit from: Text that includes dramatic changes in family patterns in contemporary society, including: declining marriage rates, with differential rates based on race and class; increasing rates of nonmarital cohabitation and nonmarital parenting; the use of assisted reproduction and its challenge to biological understandings of parentage; tensions between women’s increasing education and employment and the perseverance of the gendered division of labor in families; the inclusion of same-sex couples in marriage and parenthood An approach that decenters the marital heterosexual family and instead is structured around the general topics of adult relationships and parent-child relationships Focus on the scope of family law, including extensive coverage of crucial sites of family regulation, such as the child welfare system, that are traditionally neglected Emphasis on multiple modes of legal interpretation (common law, constitutional, statutory) and multiple actors in the legal system (judges, legislators, lawyers, experts, social workers) Practical problems and exercises, often based on actual cases or events, that illuminate the gaps, tensions, and implications of existing doctrine; some of the problems include postscripts explaining how the issue was resolved by a court or legislature An approach that draws on more recent cases and cutting-edge issues and that includes extensive coverage of assisted reproduction (including IVF, surrogacy, and gamete donation), parentage (including intentional parenthood, functional parenthood, and multi-parent arrangements), adoption, child welfare, and family support
Book Synopsis Neglected Stories by : Peggy Cooper Davis
Download or read book Neglected Stories written by Peggy Cooper Davis and published by Macmillan. This book was released on 1998-04-30 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a powerful challenge to the belief that the Constitution has nothing to do with the individual freedoms that comprise family rights, Peggy Cooper Davis argues in Neglected Stories that the constitutional amendments after the Civil War reflect a profound appreciation of the political, social, and personal worth of family autonomy. She draws upon what she calls the "motivating stories" of the Fourteenth Amendment to show that the Reconstruction legislators who sponsored it understood family rights as aspects of liberty that were fundamental to the proper definition of freedom and citizenship. This new understanding of family rights developed as men and women - black and white, Southerners and Northerners - came to appreciate the enormity of slavery's denial, even destruction, of family life. Davis also explores the "doctrinal stories" the Supreme Court has told to justify or strike down restrictions on liberty with respect to work, marriage, procreation, parenting, and sexuality and family planning - and the stories of the litigants who wanted to live, work, marry, love, and parent as they chose. These "neglected stories" are woven together in a strong new constitutional argument that gives us at long last a framework in which we can have sensible social and political debate about just what we mean when we say "family values."
Book Synopsis Inside the Castle by : Joanna L. Grossman
Download or read book Inside the Castle written by Joanna L. Grossman and published by Princeton University Press. This book was released on 2011-07-18 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive social history of families and family law in twentieth-century America Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear—all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.
Book Synopsis Marriage and Family Law by : Peter J. Riga
Download or read book Marriage and Family Law written by Peter J. Riga and published by . This book was released on 1986-03 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution Publisher : ISBN 13 : Total Pages :112 pages Book Rating :4.0/5 ( download)
Book Synopsis Defense of Marriage Act by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Download or read book Defense of Marriage Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2004 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Same-Sex Marriage and American Constitutionalism by : Murray Dry
Download or read book Same-Sex Marriage and American Constitutionalism written by Murray Dry and published by Paul Dry Books. This book was released on 2017-12-12 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The two-decades-long controversy over same-sex marriage in the United States was finally resolved on June 26, 2015, when the U.S. Supreme Court handed down its decision in Obergefell v. Hodges, which held that the Fourteenth Amendment’s Due Process and Equal Protection Clauses required states to allow same-sex couples to marry on the same terms as opposite-sex couples. Under our American system of government, divisive and often abiding disputes may be resolved either through legislation or judicial decisions. In Same-Sex Marriage and American Constitutionalism, Murray Dry explains why the process by which Americans arrive at these resolutions can be as important as the substance of the resolutions themselves. By taking up the question of same-sex marriage, Dry excavates the bases of why and how Americans decide as we do (and as we have done when major questions arose in the past; think: school integration, abortion, gun control, and campaign finance). As Professor Dry retraces the path that same-sex marriage took as it wended its way through the political (that is, the legislative) process and through the court system, he finds a vivid framework for the question, “Who should decide?” It’s a question often overlooked, but one that Dry believes should not be. He argues convincingly that it does matter whether the Supreme Court or the legislature makes the final decision—so that court-mandated law does not threaten democratic representative government, and so that legislation does not trample on fundamental constitutional rights.
Book Synopsis When the Echo Dies by : Dean C. Waldt
Download or read book When the Echo Dies written by Dean C. Waldt and published by Xlibris Corporation. This book was released on 2017-01-05 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2015, the Supreme Court declared that marriage violates the United States Constitution. The federal court marriage decisions, culminating in the 2015 Supreme Court decision, are a symptom of a potentially fatal condition impacting American society. The foundation of the American experiment in self-government is a common core of objective foundational truths. These are not sectarian or doctrinal truths. Rather, they are the echo of the Judeo-Christian principles that have been the basic foundation stones of Western civilization. In When the Echo Dies, recent federal court cases overturning State laws and State constitutional amendments on civil marriage and the Supreme Court cases finding traditional civil marriage to be an unconstitutional institution are examined in detail to determine whether the premises used by the federal courts are a reflection or a rejection of the foundational echo that gave birth to America. The examination of these decisions leads to the inevitable conclusion that much of the federal judiciary and the majority of the Supreme Court has either lost the ability to hear the foundational echo or actively reject it. Whether from active choice or passive disability, the end result is a form of judicial tyranny, as the federal courts usurp the American democratic process. But it is not too late. We must rediscover and reengage the echo to preserve the American experiment. This involves many voices in a pluralistic society. We must reject the gag order of political correctness and have the conversation. Forced conformity, moral nihilism, utopian social planning, and the raw use of governmental power to build a better world has never yielded a good result. Only a people who together hear the echo of foundational objective truths can self-govern. We must become that people once again. America is at risk. When the echo dies, so does America.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Property Rights Publisher :Amicus ISBN 13 : Total Pages :112 pages Book Rating :4.F/5 ( download)
Book Synopsis An Examination of the Constitutional Amendment on Marriage by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Property Rights
Download or read book An Examination of the Constitutional Amendment on Marriage written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Property Rights and published by Amicus. This book was released on 2005 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making Shelter, shows readers how to prevent and deal with a large range of hazards in the wild. With clear, stepbystep instructions, it explains what to do if you are injured, lost or hungry, or faced with extreme weather conditions, dangerous animals, or disasters. Additional features include: a table of contents, glossary, index, color photographs, quizzes, and recommended websites for further exploration.
Book Synopsis Liberal Constitutionalism, Marriage, and Sexual Orientation by : Gordon Albert Babst
Download or read book Liberal Constitutionalism, Marriage, and Sexual Orientation written by Gordon Albert Babst and published by Teaching Texts in Law and Politics. This book was released on 2002 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal Constitutionalism, Marriage, and Sexual Orientation: A Contemporary Case for Dis-Establishment uses constitutional theory and political philosophy to shed light on an elusive feature of American jurisprudence: the establishment of a sectarian preference in the law to the detriment of American citizens who happen to be gay or lesbian and who wish to exercise their fundamental right to marry. Reviewing aspects of liberal-democratic theory, marriage law, and pertinent analogies that deal with the right to marry, Gordon Albert Babst presents the notion of the «shadow establishment, » which makes the best sense of a constitutional affirmation of bias against same-sex marriage and gay persons in the law.
Book Synopsis Marriage Rights and Gay Rights by : Barbara Gottfried Hollander
Download or read book Marriage Rights and Gay Rights written by Barbara Gottfried Hollander and published by The Rosen Publishing Group, Inc. This book was released on 2014-07-15 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: One would think that by now the issue of marriage and the simple right for two people who love one another to be together would be settled. Even in the 21st century, people ask, "What is marriage?" Although the word "marriage" isn't even mentioned in the Constitution, readers will learn why this issue has been a subject of debate for years, whether for interracial or same-sex couples. Primary source documents, quotes, and explanations of Supreme Court rulings help set the scene and tell the evolving tale of equality for marriage rights in the United States.
Book Synopsis Reconceiving the Family by : Robin Fretwell Wilson
Download or read book Reconceiving the Family written by Robin Fretwell Wilson and published by Cambridge University Press. This book was released on 2006-07-17 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2006 book provides a critical examination of and reflection on the American Law Institute's (ALI) Principles of the Law of Family Dissolution: Analysis and Recommendations ('Principles'), arguably the most sweeping proposal for family law reform attempted in the US over the last quarter century. The volume is a collaborative work of individuals from diverse perspectives and disciplines who explore the fundamental questions about the nature of family, parenthood, and child support. The contributors are all recognized authorities on aspects of family law and provide commentary on the principles examined by the ALI - fault, custody, child support, property division, spousal support and domestic partnerships, utilizing a wide range of analytical tools, including economic theory, constitutional law, social science data and linguistic analysis. This volume also includes the perspectives of US judges and legislators and leading family law scholars in the United Kingdom, Europe, Canada and Australia.
Book Synopsis Toleration and the Constitution by : David A. J. Richards
Download or read book Toleration and the Constitution written by David A. J. Richards and published by Oxford University Press, USA. This book was released on 1986 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current changes in the structure of the Supreme Court, as well as recent Supreme Court decisions affecting individual rights, have today brought constitutional issues to the forefront of American thought. This study, based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture, develops a general theory of constitutional interpretation, touching on a myriad of current topics of constitutional controversy, including church-state relations, the scope of free speech, and the application of the constitutional right to privacy, abortion, and consensual adult sexual relations.
Book Synopsis Antonin Scalia and American Constitutionalism by : Edward A. Purcell, Jr.
Download or read book Antonin Scalia and American Constitutionalism written by Edward A. Purcell, Jr. and published by Oxford University Press. This book was released on 2020-04-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment. This book argues that Scalia applied his jurisprudential theories in inconsistent and contradictory ways and often ignored, distorted, or abandoned the interpretive methods he proclaimed to reach the results he sought, results that were aligned with and supported by the post-Reagan Republican coalition. Scalia was far more consistent in enforcing such ideologically compatible results than he was in following his proclaimed jurisprudential theories. Finally, assessing Scalia's historical significance, Antonin Scalia and American Constitutionalism argues that his jurisprudence and career are particularly illuminating because they exemplify--contrary to his persistent claims--three paramount characteristics of American constitutionalism: the inherent inadequacy of originalism and other formal interpretive methodologies to produce consistent and correct answers to controverted constitutional questions; the close relationship that exists, particularly so in Scalia's case, between constitutional theories and interpretations on one hand and substantive political goals and values on the other; and the unavoidably living nature of American constitutionalism itself. All in all, Scalia stands as a towering figure of irony because his judicial career deconstructed the central claims of his own jurisprudence.
