Liberty, Property, and Privacy

Toward a Jurisprudence of Substantive Due Process

Edward Keynes

• Publisher: Penn State University Press
• Year: 1996
• ISBN:
  9780271072715
• Topic: Politics & International Relations
• Subtopic: Constitutions
• Index: Politics & International Relations

In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting "liberty of contract" against economic regulation to protecting "privacy" and other noneconomic rights (as in Roe v. Wade ) against social regulation.

Table of contents

• Cover
• Title
• Dedication
• Copyright
• Contents
• Acknowledgments
• Introduction
• 1. The Core Constitutional Values: Life, Liberty, and Property
• 2. Antecedents of the Fourteenth Amendment’s Core Values
• 3. Framing the Fourteenth Amendment
• 4. Congressional Protection of Fundamental Rights in the Reconstruction Era
• 5. The Supreme Court, the Public Interest, and Economic Liberty, 1873–1921
• 6. The Much-Acclaimed Demise of Substantive Due Process, 1921–1991
• 7. Liberty and Privacy—Marriage and the Family
• 8. Reproductive Liberty and Individual Autonomy—Contraception and Abortion
• Epilogue
• Table of Cases
• Index
• About the Author