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Description

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.

Table of Contents

Chapter 1 Preface
Part 2 Part I: The Supreme Court as Republican Schoolmaster
Chapter 3 The Supreme Court as Republican Schoolmaster: Constitutional Interpretation and the "Genius of the People"
Chapter 4 The Supreme Court as Teacher: Lessons from the Second Reconstruction
Chapter 5 On the Grounds of Rights and Republican Government: What Judges May Still Teach
Chapter 6 The Idiom of Common Law in the Formation of Judicial Power
Chapter 7 The Court as Astigmatic Schoolmarm: A Case for the Clear-Sighted Citizen
Chapter 8 Don Quixote and the Constitution
Part 9 Part II: The Supreme Court and Consititutional Politics
Chapter 10 The Future of Constitutional Criminal Procedure
Chapter 11 Fundamental Rights, the Supreme Court and American Constitutionalism: The Lessons of the Civil Rights Act of 1866
Chapter 12 Necessary and Proper
Chapter 13 Outer Limits: The Commerce Clause and Judicial Review
Chapter 14 "Merely Judgements": The Supreme Court and the Administrative State
Chapter 15 Judicial Management of the Separation of Powers: Recent Trends
Chapter 16 American Constitutional Sovereignty vs. International Law: Where Is the Supreme Court?
Chapter 17 Index

Product details

Published 20 Nov 1997
Format Ebook (Epub & Mobi)
Edition 1st
Extent 306
ISBN 9781461645733
Imprint Rowman & Littlefield Publishers
Series The Ashbrook Series on Constitutional Politics
Publisher Bloomsbury Publishing

About the contributors

Author

Ken Masugi

Ken Masugi received his PhD from the New School fo…

Contributor

Akhil Reed Amar

Contributor

Hadley Arkes

Contributor

Walter Berns

Contributor

Randall Kennedy

Contributor

Nelson Lund

Contributor

Jeremy Rabkin

Contributor

Michael Zuckert

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