Fundamental Rights: History of a Constitutional Doctrine

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Fundamental Rights: History of a Constitutional Doctrine by Konvitz,Milton, 9781412806473
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  • ISBN: 9781412806473 | 141280647X
  • Cover: Nonspecific Binding
  • Copyright: 2/15/2007

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One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, now in paperback, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American Jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws.
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