000 04892nam a22003617a 4500
001 sulb-eb0013201
003 BD-SySUS
005 20160404145039.0
008 130509s2013 ksu o 00 0 eng d
020 _a9780700619764
020 _z9780700619238 (hardback : alk. paper)
040 _aMdBmJHUP
_cMdBmJHUP
050 0 0 _aKF505
_b.B664 2013
082 0 0 _a346.7301
_223
100 1 _aBrandon, Mark E.,
_eauthor.
245 1 0 _aStates of union
_h[electronic resource] :
_bfamily and change in the American constitutional order /
_cMark E. Brandon.
260 _aLawrence, Kansas :
_bUniversity Press of Kansas,
_c[2013].
_e(Baltimore, Md. :
_fProject MUSE,
_g2015)
300 _a1 online resource (xi, 335 pages )
490 0 _aConstitutional thinking
504 _aIncludes bibliographical references and index.
505 0 _aFamily and civilization -- The English ancestry of the American law of family -- Family at the birth of the American order -- Slaves, the slaveholding household, and the racial family -- Home on the range : families in American continental settlement -- Tribal families and the American nation -- Uncommon families, part 1 : American communism -- Uncommon families, part 2 : polygamy -- Modern times family in the nation's courts.
520 _a"In two canonical decisions in 1920s, the Supreme Court announced that family was an institution possessing a constitutional status and that certain relations within family were constitutionally protected. Since then, "family values" has become a staple of American civic life as the polity roils over issues like the regulation of procreation, the roles of women, the education of children, divorce, domestic economy, sex, sexuality, and the meanings of marriage. Brandon is the first to explain how family came to be "in" the Constitution, what it has meant for family to be constitutionally significant, and what the implications of that significance have been (and continue to be) for the constitutional order and for families"--
_cProvided by publisher.
520 _a"In two canonical decisions of the 1920s--Meyer v. Nebraska and Pierce v. Society of Sisters--the Supreme Court announced that family (including certain relations within it) was an institution falling under the Constitution's protective umbrella. Since then, proponents of "family values" have claimed that a timeless form of family--nuclear and biological--is crucial to the constitutional order. Mark Brandon's new book, however, challenges these claims. Brandon addresses debates currently roiling America--the regulation of procreation, the roles of women, the education of children, divorce, sexuality, and the meanings of marriage. He also takes on claims of scholars who attribute modern change in family law to mid-twentieth-century Supreme Court decisions upholding privacy. He shows that the "constitutional" law of family has much deeper roots. Offering glimpses into American households across time, Brandon looks at the legal and constitutional norms that have aimed to govern those households and the lives within them. He argues that, well prior to the 1960s, the nature of families in America had been continually changing--especially during western expansion, but also in the founding era. He further contends that the monogamous nuclear family was codified only at the end of the nineteenth century as a response to Mormon polygamy, communal experiments, and Native American households. Brandon discusses the evolution of familial jurisprudence as applied to disputes over property, inheritance, work, reproduction, the status of women and children, the regulation of sex, and the legal limits to and constitutional significance of marriage. He shows how the Supreme Court's famous decisions in the latter part of the twentieth century were largely responses to societal change, and he cites a wide range of cases that offer fresh insight into the ways the legal system responded to various forms of family life. More than a historical overview, the book also considers the development of same-sex marriage as a political and legal issue in our time. States of Union is a groundbreaking volume that explains how family came to be "in" the Constitution, what it has meant for family to be constitutionally significant, and what the implications of that significance are for the constitutional order and for families"--
_cProvided by publisher.
588 _aDescription based on print version record.
650 7 _aHISTORY / Social History.
_2bisacsh
650 7 _aLAW / Constitutional.
_2bisacsh
650 0 _aConstitutional history
_zUnited States.
650 0 _aDomestic relations
_zUnited States
_xHistory.
655 7 _aElectronic books.
_2local
710 2 _aProject Muse.
856 4 0 _zFull text available:
_uhttps://muse.jhu.edu/books/9780700619764/
942 _2Dewey Decimal Classification
_ceBooks
999 _c34492
_d34492