James E. Fleming is the Honorable Paul J. Liacos Professor of Law at Boston University School of Law. His many books include Fidelity to Our Imperfect Constitution; Ordered Liberty; Constitutional Interpretation; Securing Constitutional Democracy; and American Constitutional Interpretation. He has held faculty research fellowships at Princeton University’s Program in Law and Public Affairs and Harvard University’s Safra Center for Ethics. He is the former editor of Nomos, the annual book of the American Society for Political and Legal Philosophy, and the past president of the society.

"Constructing Basic Liberties offers a nuanced and comprehensive defense of common law constitutional interpretation as it has been applied to one of the Constitution’s most general and far-reaching provisions: the due process clause."

• 1. A Second Death of Substantive Due Process?Part I: Our Practice of Substantive Due Process2. The Coherence and Structure of Substantive Due Process3. The Rational Continuum of Ordered LibertyPart II: Substantive Due Process Does Not “Effectively Decree the End of All Morals Legislation”4. Is Substantive Due Process on a Slippery Slope to “the End of All Morals Legislation”?5. Is Moral Disapproval Enough to Justify Traditional Morals Legislation?Part III: Substantive Due Process Does Not Enact a Utopian Economic or Moral Theory6. The Ghost of Lochner v. New York7. Does Substantive Due Process Enact Mill’s On Liberty?Part IV: Conflicts between Liberty and Equality8. The Grounds for Protecting Basic Liberties: Liberty Together with Equality9. Accommodating Gay and Lesbian Rights and Religious LibertyPart V: The Future10. The Future of Substantive Due ProcessAcknowledgmentsNotesIndex

James E. Fleming is the Honorable Paul J. Liacos Professor of Law at Boston University School of Law. His many books include Fidelity to Our Imperfect Constitution; Ordered Liberty; Constitutional Interpretation; Securing Constitutional Democracy; and American Constitutional Interpretation. He has held faculty research fellowships at Princeton University’s Program in Law and Public Affairs and Harvard University’s Safra Center for Ethics. He is the former editor of Nomos, the annual book of the American Society for Political and Legal Philosophy, and the past president of the society.

"Constructing Basic Liberties offers a nuanced and comprehensive defense of common law constitutional interpretation as it has been applied to one of the Constitution’s most general and far-reaching provisions: the due process clause."

• 1. A Second Death of Substantive Due Process?Part I: Our Practice of Substantive Due Process2. The Coherence and Structure of Substantive Due Process3. The Rational Continuum of Ordered LibertyPart II: Substantive Due Process Does Not “Effectively Decree the End of All Morals Legislation”4. Is Substantive Due Process on a Slippery Slope to “the End of All Morals Legislation”?5. Is Moral Disapproval Enough to Justify Traditional Morals Legislation?Part III: Substantive Due Process Does Not Enact a Utopian Economic or Moral Theory6. The Ghost of Lochner v. New York7. Does Substantive Due Process Enact Mill’s On Liberty?Part IV: Conflicts between Liberty and Equality8. The Grounds for Protecting Basic Liberties: Liberty Together with Equality9. Accommodating Gay and Lesbian Rights and Religious LibertyPart V: The Future10. The Future of Substantive Due ProcessAcknowledgmentsNotesIndex