Laurence H. Tribe - Böcker

On profound questions of birth, death, and human choice that are raised by abortion—where opposing sides see no common ground—how can the conflict be managed? The abortion debate in the United States today involves all Americans in complex questions of sex and power, historical change, politics, advances in medicine, and competing social values. In this best-selling book, an eminent constitutional authority shows how the nation has struggled with these questions and then sets forth new approaches that reflect both sides' passionately held convictions. The paperback edition includes discussion of the latest court decisions and excerpts from the major cases, including the Supreme Court's landmark June 1992 decision in Planned Parenthood v. Casey.

Constitutional Choices illuminates the world of scholarship and advocacy uniquely combined by Laurence Tribe, one of the nation’s leading professors of constitutional law and most successful practitioners before the Supreme Court. In his new hook, Tribe boldly moves beyond the seemingly endless debate over which judicial approaches to enforcing the Constitution are “legitimate” and which are not. Arguing that all claims to legitimacy must remain suspect, Tribe focuses instead on the choices that must nonetheless be made in resolving actual constitutional controversies. To do so, he examines problems as diverse as interstate banking, gender discrimination, church subsidies, the constitutional amendment process, the war powers of the President, and First Amendment protection of American Nazis.Challenging the ruling premises underlying many of the Supreme Court’s positions on fundamental issues of government authority and individual rights, Tribe shows how the Court is increasingly coming to resemble a judicial Office of Management and Budget, straining constitutional discourse through a managerial sieve and defending its constitutional rulings by “balancing” what it counts as “costs” against what it deems “benefits.” Tribe explains how the Court’s “Calculus” systematically excludes basic concerns about the distribution of wealth and power and conceals fundamental choices about the American polity. Calling for a more candid confrontation of those choices and of the principles and perspectives they reflect, Tribe exposes what has gone wrong and suggests how the Court can begin to reclaim the historic role entrusted to it by the Constitution.