Distributing the Benefits and Detriments of Democratic Society
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The task of U.S. society throughout its existence has been to engage in an on-going dialogue that gives life to the commitment to equitable sharing set forth in its founding documents. As the elected representatives of the people and the repository of the powers through which to implement much of what equitable sharing requires, the primary responsibility for implementation rests with the legislative branch. This book argues that the Supreme Court, interacting with the public and the legislature, also has a meaningful role to play in the dialogue over the requirements of equitable sharing and can play this role in a manner consistent with democratic principles. This point is illustrated through a discussion of several contemporary issues: same sex marriage, racial integration in public schools, health care, and the regulation of the electoral process.