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Part IV Rights, Ch.27 Autonomy (of Individuals and Private Associations)

Dale Carpenter

From: The Oxford Handbook of the U.S. Constitution

Edited By: Mark Tushnet, Sanford Levinson, Mark A. Graber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

Before the 1970s, “autonomy” in American constitutional law referred mainly to the independence and sovereignty of the states as protected by the Tenth Amendment and by the enumeration of specific and limited federal powers.1 It also referred to the sovereignty of the Indian tribes.2 Although such uses of the word continue, in modern American constitutional law autonomy increasingly refers to the freedom of individuals and some private institutions to make certain important choices without undue government intervention. This chapter deals with the latter idea....
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