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The Supreme Court and American Constitutionalism
Bradford P. Wilson (Author) , Ken Masugi (Author) , Akhil Reed Amar (Contributor) , George Anastaplo (Contributor) , Hadley Arkes (Contributor) , Randy E. Barnett (Contributor) , Walter Berns (Contributor) , Gerard V. Bradley (Contributor) , Stanley C. Brubaker (Contributor) , Robert P. George (Contributor) , Randall Kennedy (Contributor) , Nelson Lund (Contributor) , David K. Nichols (Contributor) , Jeremy Rabkin (Contributor) , James R. Stoner Jr. (Contributor) , Michael Zuckert (Contributor)
- Textbook
The Supreme Court and American Constitutionalism
Bradford P. Wilson (Author) , Ken Masugi (Author) , Akhil Reed Amar (Contributor) , George Anastaplo (Contributor) , Hadley Arkes (Contributor) , Randy E. Barnett (Contributor) , Walter Berns (Contributor) , Gerard V. Bradley (Contributor) , Stanley C. Brubaker (Contributor) , Robert P. George (Contributor) , Randall Kennedy (Contributor) , Nelson Lund (Contributor) , David K. Nichols (Contributor) , Jeremy Rabkin (Contributor) , James R. Stoner Jr. (Contributor) , Michael Zuckert (Contributor)
- Textbook
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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
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 |
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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
Reviews
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These essays raise a host of interesing questions and advocate provocative solutions to theses perceived problems with the current state of constitutional jurisprudence.
Mark C. Miller, Clark University, Review Of The Supreme Court and American Constitutionalism
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Happily, this collection largely avoids the wildly uneven quality of many edited volumes. Nearly all of the essays included here are interesting and enlightening. These essays tend to provide thoughtful considerations on the theory and practice of American constitutionalism.
Ethics: An International Journal of Social, Political, and Legal Philosophy
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...A collection of complex and provocative essays from a variety of political scientists and legal scholars which critique the role the U.S. Supreme court has played in developing constitutional law in the United States over the last several decades.
Mark C. Miller, Clark University, H-Net: Humanities and Social Science Reviews Online
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This outstanding collection of 13 essays was written by a distinguished group of political scientist and law professors . . . .theses essays reflect a thoughful perspective on the Supreme Court's role as 'Republican Schoolmaster,' with most giving qualified endorsement to such power.
J.R.Vile, Middle Tennessee State University, Choice Reviews