Supreme Court and American Constitutionalism. 9780847686582. Innbundet - 1997

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.

Supreme Court and American Constitutionalism

Wilson Bradford Masugi Ken

Innbundet / 1997 / Engelsk

Wilson Bradford Masugi Ken

Innbundet / 1997 / Engelsk

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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.

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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

Les mer

These essays raise a host of interesing questions and advocate provocative solutions to theses perceived problems with the current state of constitutional jurisprudence.

Les mer

These essays raise a host of interesing questions and advocate provocative solutions to theses perceived problems with the current state of constitutional jurisprudence.