- The Oxford Handbook of the U.S. Constitution
- Contributors
- Introduction: The Handbook of the United States Constitution
- The Constitution from 1620 to the Early Republic
- Constitutional Developments from Jackson through Reconstruction
- The Gilded Age through the Progressive Era
- From the New Deal through the Reagan Revolution
- The Reagan Revolution to the Present
- Constitutions as Basic Structure
- The Constitutional Politics of Congress
- The Constitutional Politics of the Executive Branch
- The Constitutional Politics of the Judiciary
- The Uneasy Place of Parties in the Constitutional Order
- Social Movements and the Constitution
- The Administrative State: Law, Democracy, and Knowledge
- The Resilience of the American Federal System
- Empire
- The Evolution of America’s Fiscal Constitution
- The Executive Power
- Enforcing the Fifteenth Amendment
- The Power of Judicial Review
- Delegation, Accommodation, and the Permeability of Constitutional and Ordinary Law
- Federalism
- Equality
- Liberty
- Property in the United States Constitution
- Gender, Sex, and the U.S. Constitution
- Racial Rights
- Autonomy (of Individuals and Private Associations)
- Citizenship
- Religion
- Free Speech and Free Press
- Criminal Procedure
- Habeas Corpus
- Native Americans
- Positive Rights
- The Right to Bear Arms
- Constitutionalism
- Emergency Powers
- Constitutional Authority
- Is Constitutional Law Really Law?
- Constitutionalism Outside the Courts
- State Constitutionalism
- Interpretation
- Constitutional Change
- The U.S. Constitution and International Law
- The Constitution in Comparative Perspective
- Education and the Constitution: Defining the Contours of Governance, Rights, and Citizenship
- The Economics of Constitutional Law
- The Constitution and United States’ Culture
- Table of Cases
- Index
Abstract and Keywords
This chapter examines the concept of autonomy in American constitutional law as it applies to the freedom of individuals and some private associations to make certain important choices without undue intervention from the government. It first traces the origins of the understanding of autonomy as personal freedom before turning to the autonomy principle found in Supreme Court decisions applying the Constitution’s First and Fourteenth Amendments, with occasional references in the jurisprudence of the Second, Fourth, Fifth, and Sixth Amendments. It then analyzes the tension between personal autonomy to waive constitutional protections (e.g., the Fifth Amendment right against self-incrimination) and the government’s legitimate role in encouraging autonomous actions. It also considers autonomy in relation to what the Court has called the “personal” realm, which involves matters of privacy, family life, sexual relations, reproduction, education, self-defense within the criminal justice system, religious belief and practice, and freedom of thought and speech.
Keywords: autonomy, constitutional law, personal freedom, Supreme Court, Constitution, First Amendment, Fourteenth Amendment, jurisprudence, Fifth Amendment, freedom of speech
University of Minnesota Law School
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- The Oxford Handbook of the U.S. Constitution
- Contributors
- Introduction: The Handbook of the United States Constitution
- The Constitution from 1620 to the Early Republic
- Constitutional Developments from Jackson through Reconstruction
- The Gilded Age through the Progressive Era
- From the New Deal through the Reagan Revolution
- The Reagan Revolution to the Present
- Constitutions as Basic Structure
- The Constitutional Politics of Congress
- The Constitutional Politics of the Executive Branch
- The Constitutional Politics of the Judiciary
- The Uneasy Place of Parties in the Constitutional Order
- Social Movements and the Constitution
- The Administrative State: Law, Democracy, and Knowledge
- The Resilience of the American Federal System
- Empire
- The Evolution of America’s Fiscal Constitution
- The Executive Power
- Enforcing the Fifteenth Amendment
- The Power of Judicial Review
- Delegation, Accommodation, and the Permeability of Constitutional and Ordinary Law
- Federalism
- Equality
- Liberty
- Property in the United States Constitution
- Gender, Sex, and the U.S. Constitution
- Racial Rights
- Autonomy (of Individuals and Private Associations)
- Citizenship
- Religion
- Free Speech and Free Press
- Criminal Procedure
- Habeas Corpus
- Native Americans
- Positive Rights
- The Right to Bear Arms
- Constitutionalism
- Emergency Powers
- Constitutional Authority
- Is Constitutional Law Really Law?
- Constitutionalism Outside the Courts
- State Constitutionalism
- Interpretation
- Constitutional Change
- The U.S. Constitution and International Law
- The Constitution in Comparative Perspective
- Education and the Constitution: Defining the Contours of Governance, Rights, and Citizenship
- The Economics of Constitutional Law
- The Constitution and United States’ Culture
- Table of Cases
- Index