The constitutional parent

The constitutional parent

by Jeffrey Shulman

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"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. Shulman's illuminating account of American legal history is of more than academic interest. If once again we treat parenting as a delegated responsibility-as a sacred trust, not a sacred right-we will not all reach the same legal prescriptions, but we might be more willing to consider how time-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state"--

Discussion questions for The constitutional parent

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  1. 1

    Jeffrey Shulman argues that the U.S. Constitution does not protect a fundamental right to parent, framing parenting instead as a "delegated responsibility." What was your initial reaction to this central claim, and how effectively do you feel he supports it through his historical and legal analysis?

  2. 2

    The book proposes re-conceptualizing parenting as a "sacred trust" tied to a "fiduciary duty" to the child. How does this shift in language and legal framework change our understanding of the parent-child-state relationship compared to the traditional "parental rights" paradigm?

  3. 3

    Before engaging with Shulman's arguments, what was your own personal understanding or assumption about the nature of "parental rights" in American society? Did the book challenge or confirm your existing beliefs?

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