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Liberty for AllReclaiming Individual Privacy in a New Era of Public Morality$
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Elizabeth Price Foley

Print publication date: 2006

Print ISBN-13: 9780300109832

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300109832.001.0001

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PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 23 June 2021

The Morality of American Law

The Morality of American Law

Chapter:
(p.8) Chapter 2 The Morality of American Law
Source:
Liberty for All
Author(s):

Elizabeth Price Foley

Publisher:
Yale University Press
DOI:10.12987/yale/9780300109832.003.0002

American law is underlain by a morality designed to minimize conflicts between individual privacy and public morality. In order to strike a balance between these competing forces, the structure of this morality must be understood. This chapter examines the legitimate purpose of government and the legitimate scope of governmental power as embodied in the U.S. Constitution. It then explores the scope of individual liberty as well as the concepts of limited government and residual individual sovereignty, individual rights and their existence vis-à-vis the states, the federal Bill of Rights and the Fourteenth Amendment, the Ninth and Tenth Amendments, and police power. The chapter also discusses the relationship between federal liberties and state governments, the case of Barron v. Baltimore, the ineffectiveness of state Bills of Rights, and the enactment of the Civil War Fourth Amendment. It concludes by looking at the Supreme Court's selective incorporation approach to the Bill of Rights via the Due Process Clause.

Keywords:   law, privacy, public morality, governmental power, Constitution, individual liberty, limited government, residual individual sovereignty, Bill of Rights, Fourteenth Amendment

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