The book begins by revealing the extent to which the United States fails to protect the rights of its children, focusing on school shootings and domestic violence. It introduces the argument that the Supreme Court is significantly responsible for this failure because it has eliminated human rights from American law. It has done so by building a constitutional identity rooted in exceptionalism and libertarianism that repudiates human rights. Through analyses of judicial decisions, scholarship, and interviews, this chapter explains how constitutional identity is constructed and used, and how it is distinct from judicial ideology. It also demonstrates how human rights work to improve societies, and why the Court’s repudiation is so damaging.

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Introduction: A Cruel Constitutional Identity

  • Jeffrey Davis

摘要

The book begins by revealing the extent to which the United States fails to protect the rights of its children, focusing on school shootings and domestic violence. It introduces the argument that the Supreme Court is significantly responsible for this failure because it has eliminated human rights from American law. It has done so by building a constitutional identity rooted in exceptionalism and libertarianism that repudiates human rights. Through analyses of judicial decisions, scholarship, and interviews, this chapter explains how constitutional identity is constructed and used, and how it is distinct from judicial ideology. It also demonstrates how human rights work to improve societies, and why the Court’s repudiation is so damaging.