The Supreme Court And The Idea Of Constitutionalism

Author : Steven Kautz
Publisher : University of Pennsylvania Press
ISBN 13 : 081220607X
Total Pages : 327 pages
Book Rating : 4.74/5 ( download)

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Download or read book The Supreme Court and the Idea of Constitutionalism written by Steven Kautz and published by University of Pennsylvania Press. This book was released on 2011-11-29 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Steven J. Kautz
Publisher : University of Pennsylvania Press
ISBN 13 : 0812221907
Total Pages : 328 pages
Book Rating : 4.09/5 ( download)

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Download or read book The Supreme Court and the Idea of Constitutionalism written by Steven J. Kautz and published by University of Pennsylvania Press. This book was released on 2011-10-03 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : John Agresto
Publisher : Cornell University Press
ISBN 13 : 1501712918
Total Pages : 184 pages
Book Rating : 4.13/5 ( download)

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Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 2016-10-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Larry Kramer
Publisher : Oxford University Press, USA
ISBN 13 : 9780195306453
Total Pages : 380 pages
Book Rating : 4.57/5 ( download)

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Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Bradford P. Wilson
Publisher : Rowman & Littlefield
ISBN 13 : 9780847686599
Total Pages : 328 pages
Book Rating : 4.90/5 ( download)

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Download or read book The Supreme Court and American Constitutionalism written by Bradford P. Wilson and published by Rowman & Littlefield. This book was released on 1998 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Barry Friedman
Publisher : Farrar, Straus and Giroux
ISBN 13 : 1429989955
Total Pages : 623 pages
Book Rating : 4.54/5 ( download)

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Download or read book The Will of the People written by Barry Friedman and published by Farrar, Straus and Giroux. This book was released on 2009-09-29 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.

Author : Loren P. Beth
Publisher :
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.56/5 ( download)

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Download or read book Politics, the Constitution, and the Supreme Court written by Loren P. Beth and published by . This book was released on 1962 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Robert W. Bennett
Publisher : Cornell University Press
ISBN 13 : 0801461111
Total Pages : 223 pages
Book Rating : 4.18/5 ( download)

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Download or read book Constitutional Originalism written by Robert W. Bennett and published by Cornell University Press. This book was released on 2011-06-06 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.

Author : Larry Kramer
Publisher : Oxford University Press, USA
ISBN 13 : 0195306457
Total Pages : 376 pages
Book Rating : 4.53/5 ( download)

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Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the distinct difference between how the people and the founding fathers viewed the new Constitution and how it is interpreted over two hundred years later and maintains that originally the people were the ones responsible for seeing that its concepts were properly implemented.

Author : Sotirios A. Barber
Publisher :
ISBN 13 :
Total Pages : 1172 pages
Book Rating : 4.22/5 ( download)

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Download or read book The Constitution of Judicial Power written by Sotirios A. Barber and published by . This book was released on 1993 with total page 1172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Barber shows that New Right theorists, such as Bork, and establishment liberals, such as Ronald Dworkin, are moral relativists who cannot escape conclusions ("might makes right," for example) that could destroy constitutionalism in America. The best hope for American freedoms, Barber argues, is to revive classical constitutionalism - and he explains how new movements in philosophy today allow the Court's friends to do just that. Written in a lively and engaging style.