Should the Supreme Court have the last word when it comes to
interpreting the Constitution? The justices on the Supreme Court
certainly seem to think so--and their critics say that this position
threatens democracy. But Keith Whittington argues that the Court's
justices have not simply seized power and circumvented politics. The
justices have had power thrust upon them--by politicians, for the
benefit of politicians. In this sweeping political history of judicial
supremacy in America, Whittington shows that presidents and political
leaders of all stripes have worked to put the Court on a pedestal and
have encouraged its justices to accept the role of ultimate
interpreters of the Constitution. Whittington examines why presidents
have often found judicial supremacy to be in their best interest, why
they have rarely assumed responsibility for interpreting the
Constitution, and why constitutional leadership has often been passed
to the courts. The unprecedented assertiveness of the Rehnquist Court
in striking down acts of Congress is only the most recent example of a
development that began with the founding generation itself.
Presidential bids for constitutional leadership have been rare, but
reflect the temporary political advantage in doing so. Far more often,
presidents have cooperated in increasing the Court's power and
encouraging its activism. Challenging the conventional wisdom that
judges have usurped democracy, Whittington shows that judicial
supremacy is the product of democratic politics.
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The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History
Produktdetaljer
ISBN
9781400827756
Publisert
2013
Utgiver
Princeton University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Antall sider
320
Forfatter