The Supreme Court and American Constitutionalism

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November 1997



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


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


Bradford P. Wilson is executive director and acting president of the National Association of Scholars, and professor of political science at Ashland University. He is author of Enforcing the Fourth Amendment and coeditor of two other volumes in Rowman & Littlefield's Ashbrook Series on Constitutional Politics, American Political Parties & Constitutional Politics and Separation of Powers and Good Government. Ken Masugi, visiting professor of political science at the United States Air Force Academy, is also a senior fellow of the Ashbrook Center for Public Affairs and a senior fellow of the Claremont Institute. He is the editor or coeditor of four other books on political thought.


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 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 ...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 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, July/ August 1998, Vol. 35, N0. 11/12
EAN: 9780847686599
ISBN: 0847686590
Untertitel: 'Ashbrook Series on Constitutio'. Sprache: Englisch.
Erscheinungsdatum: November 1997
Seitenanzahl: 306 Seiten
Format: kartoniert
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