The Supreme Court and the Idea of Constitutionalism
Title | The Supreme Court and the Idea of Constitutionalism PDF eBook |
Author | Steven J. Kautz |
Publisher | University of Pennsylvania Press |
Pages | 328 |
Release | 2011-10-03 |
Genre | Law |
ISBN | 0812221907 |
In this volume distinguished constitutional scholars aim to move debate over the Supreme Court beyond the soundbites that divide us to fundamental questions about the nature of constitutionalism.
The Supreme Court and the Idea of Constitutionalism
Title | The Supreme Court and the Idea of Constitutionalism PDF eBook |
Author | Steven Kautz |
Publisher | University of Pennsylvania Press |
Pages | 336 |
Release | 2011-11-29 |
Genre | Political Science |
ISBN | 9780812206074 |
From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of—and the persistent tensions between—constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.
The People Themselves
Title | The People Themselves PDF eBook |
Author | Larry Kramer |
Publisher | Oxford University Press, USA |
Pages | 380 |
Release | 2004 |
Genre | History |
ISBN | 9780195306453 |
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
The Supreme Court and Constitutional Democracy
Title | The Supreme Court and Constitutional Democracy PDF eBook |
Author | John Agresto |
Publisher | Cornell University Press |
Pages | 188 |
Release | 1984 |
Genre | Law |
ISBN | 9780801492778 |
Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.
Politics, the Constitution, and the Supreme Court
Title | Politics, the Constitution, and the Supreme Court PDF eBook |
Author | Loren P. Beth |
Publisher | |
Pages | 188 |
Release | 1962 |
Genre | Constitutional law |
ISBN |
The Supreme Court and American Constitutionalism
Title | The Supreme Court and American Constitutionalism PDF eBook |
Author | Bradford P. Wilson |
Publisher | Rowman & Littlefield |
Pages | 328 |
Release | 1998 |
Genre | Law |
ISBN | 9780847686599 |
In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance expounding the animating principles of American constitutionalism. Essays devoted to fresh examination of the Supreme Court's jurisprudence with respect to the Necessary and Proper Clause, the Commerce Clause, federalism, the common law, international law and national sovereignty, separation of powers, fundamental rights, term limits, and constitutional criminal procedure. Other essays evaluate the work of the Court as 'republican school master, ' analyzing how the Court has articulated and affected the American people's capacity for self-government, the principle of the rule of law, the historic burden of racial injustice, respect for limited constitutional government, and the civilizational distinction between liberty and license. The Supreme Court and American Constitutionalism will be of great value to students and scholars of American constitutional studies, constitutional law, and American government
The Supreme Court and Constitutional Democracy
Title | The Supreme Court and Constitutional Democracy PDF eBook |
Author | John Agresto |
Publisher | Cornell University Press |
Pages | 184 |
Release | 2016-10-15 |
Genre | Law |
ISBN | 1501712918 |
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.