The Supreme Court and the idea of constitutionalism / edited by Steven Kautz ... [and others].

Format:

Book

Contributor:

Kautz, Steven J.

University of Pennsylvania. Press.

Language:

English

Subjects (All):

United States. Supreme Court.

United States.

Judicial review--United States.

Judicial review.

Constitutional law--Philosophy.

Constitutional law.

Constitutional law--United States.

Judicial power--United States.

Judicial power.

Genre:

Electronic books.

Dictionaries.

Physical Description:

1 online resource (vi, 320 pages)

Other Title:

Penn Press e-books.

Place of Publication:

Philadelphia, Pa. : University of Pennsylvania Press, [2009]

System Details:

Mode of access: World Wide Web.

text file

Summary:

From Brown y. Board of Education to Roe v. Wade to Bush v. Core, 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. Book jacket.

Contents:

Ideas of constitutionalism ancient and modern / Nathan Tarcov

On liberal constitutionalism / Steven Kautz

Judicial review and the incomplete constitution : a Madisonian perspective on the Supreme Court and the idea of constitutionalism / Michael P. Zuckert

Constitutionalism as judicial review : historical lessons from the U.S. case / Leslie Friedman Goldstein

Who has authority over the Constitution of the United States? / James Stoner

The Supreme Court and contemporary constitutionalism : the implications of the development of alternative forms of judicial review / Mark Tushnet

The sounds of silence : militant and acquiescent constitutionalism / Gary Jeffrey Jacobsohn

Constitutionalism and democracy : understanding the relation / Larry Alexander

Active liberty and the problem of judicial oligarchy / Robert P. Young, Jr

Judicial power and democracy : a Machiavellian view / Rogers M. Smith

Constitutional constraints in politics / Keith E. Whittington

"The court will clean it up" : executive power, constitutional contestation and war powers / Benjamin A. Kleinerman.

Notes:

OldControl:muse9780812206074.

"Multi-User"

Includes bibliographical references (pages [255]-306 and index.

Description based on print version record.

ISBN:

9780812206074

081220607X

OCLC:

794702278

Access Restriction:

Restricted for use by site license.