Why did I love this book?
I loved the bravery of the author in tackling a controversial question.
This book deals with the US Supreme Court’s “parental rights doctrine.” Through a complete overview of jurisprudence from the earliest days of the country’s existence, Shulman challenges the commonly-held modern idea that parental rights have long held an exalted position in American jurisprudence. He demonstrates that, on the contrary, the American state originally entrusted parents with custody of the child for the purpose of meeting the child's needs and that the notion of the custody of one’s child as an entitlement is a relatively modern one.
I think this is a message that is vital to be brought out into the public sphere, and I am happy that the author was willing to devote an entire book to it.
1 author picked The Constitutional Parent as one of their favorite books, and they share why you should read it.
In this bold and timely work, law professor Jeffrey Shulman argues that the United States Constitution does not protect a fundamental right to parent. Based on a rigorous reconsideration of the historical record, Shulman challenges the notion, held by academics and the general public alike, that parental rights have a long-standing legal pedigree. What is deeply rooted in our legal tradition and social conscience, Shulman demonstrates, is the idea that the state entrusts parents with custody of the child, and it does so only as long as parents meet their fiduciary duty to serve the developmental needs of the child.…
- Coming soon!