Public Opinion and Constitutional Controversy

by Nathaniel Persily (Editor), Jack Citrin (Editor), Patrick J. Egan (Editor)

Overview

This is the first book to provide a comprehensive analysis of American public opinion on the key constitutional controversies of the twentieth century, including desegregation, school prayer, abortion, the death penalty, affirmative action, gay rights, assisted suicide, and national security, to name just a few. With essays focusing on each issue in-depth, Nathaniel Persily, Jack Citrin, Patrick Egan, and an established group of scholars utilize cutting edge public-opinion data to illustrate these contemporary debates, methodically examining each one and how public attitudes have shifted over time, especially in the wake of prominent Supreme Court decisions. More than just a compilation of available data, however, these essays join the "popular constitutionalism" debate between those who advocate a dominant role for courts in constitutional adjudication and those who prefer a more pluralized constitutional discourse.

Product Details

ISBN-13:	9780198044055
Publisher:	Oxford University Press
Publication date:	04/04/2008
Sold by:	Barnes & Noble
Format:	eBook
File size:	5 MB

About the Author

Nathaniel Persily is Professor of Law and Political Science at Columbia Law School. Jack Citrin is the Heller Professor of Political Science at the University of California, Berkeley. Patrick J. Egan is Assistant Professor of Politics at New York University.

Table of Contents

Contributors     ix
Acknowledgments     xi
Introduction   Nathaniel Persily     3
Desegregation   Michael Murakami     18
The Rights of the Accused   Amy E. Lerman     41
School Prayer   Alison Gash   Angelo Gonzales     62
Abortion   Samantha Luks   Michael Salamone     80
The Death Penalty   John Hanley     108
Gender Equality   Serena Mayeri   Ryan Brown   Nathaniel Persily   Son-Ho Kim     139
Affirmative action   Loan Le   Jack Citrin     162
Flag Burning   Peter Hanson     184
Federalism   Megan Mullin     209
Gay Rights   Patrick J. Egan   Nathaniel Persily   Kevin Wallsten     234
The Right to Die   Joshua A. Green   Matthew G. Jarvis     267
Government Takings of Private Property   Janice Nadler   Shari Seidman Diamond   Matthew M. Patton     286
The War on Terror and Civil Liberties   Darshan Goux   Patrick J. Egan   Jack Citrin     310
The2000 Presidential Election Controversy   Manoj Mate   Matthew Wright     333
Index     353

Editorial Reviews

"An extremely valuable resource...many of the issues on which the Court makes law and policy are central issues in political discourse, which makes this book...of high importance to the field of American politics writ large."—Perspectives on Politics

"Public Opinion and Constitutional Controversy offers an intriguing and accessible account of an important dynamic in American politics and should be of great interest to anyone fascinated by the proper role of a countermajoritarian institution in a democracy."—Harvard Law Review

"There has never been a book out there like this one—that examines public opinion toward a genuinely wide range of constitutional issues in an up-to-date and engaging fashion. The chapters are rich in data presented in sharp and informative graphics."—Robert Y. Shapiro, Professor of Political Science, Columbia University

"This is an incredibly useful book—indispensable for anyone interested in the way constitutional law really works. We need to know what this book teaches us: how the public absorbs judicial decisions and what it makes of the controversies that preoccupy lawyers, judges, politicians, and scholars."—Larry Kramer, Richard E. Lang Professor of Law and Dean, Stanford Law School

"This remarkably useful book will be of interest to specialists in public opinion and public law as well as anyone interested in American politics more generally."—Morris P. Fiorina, Wendt Family Professor of Political Science, Stanford University

"This book is a welcome addition tot eh field and is useful both as a compendium of information in this area, and it also offers some new and insightful analyses."—Robert M. Howard, Department of Political Science, Georgia State University

"An invaluable resource that brings together public opinion data across a wide variety of controversial constitutional issues. A must read that challenges the belief that Supreme Court decisions invariably and powerfully influence public opinion."—Gerald N. Rosenberg, Associate Professor, Department of Political Science and Lecturer, University of Chicago Law School

"Sophisticated, insightful, and informative, this book is the most comprehensive study ever undertaken of the relationship between the Supreme Court and public opinion. Essential reading for anyone interested in how the Court reflects and shapes public opinion." —Michael J. Klarman, Bancroft-prize winning author of From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality

From the Publisher