Constructing Basic Liberties

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. 

1. A Second Death of Substantive Due Process?

Part I: Our Practice of Substantive Due Process
2. The Coherence and Structure of Substantive Due Process
3. The Rational Continuum of Ordered Liberty

Part 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 Theory
6. The Ghost of Lochner v. New York
7. Does Substantive Due Process Enact Mill’s On Liberty?

Part IV: Conflicts between Liberty and Equality
8. The Grounds for Protecting Basic Liberties: Liberty Together with Equality
9. Accommodating Gay and Lesbian Rights and Religious Liberty

Part V: The Future
10. The Future of Substantive Due Process

Acknowledgments
Notes
Index