In this book, James Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy.
"The goal of all five editions of this book has been to meet a need for teaching materials that directly confront the core problems of the enterprise of constitutional interpretation.
Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and ...
James E. Fleming argues that fidelity in interpreting the US Constitution as written requires a moral reading or philosophic approach, and that fidelity commits to honouring aspirational principles, not following the relatively specific ...
The presuppositions of constitutional interpretation -- The principal questions of constitutional interpretation -- The principal features of the American constitutional order : the positive constitutionalism of The federalist -- Approaches ...
They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective ...