Constitutionalism, executive power, and the spirit of moderation : Murray P. Dry and the nexus of liberal education and politics / edited by Giorgi Areshidze, Paul O. Carrese, and Suzanna Sherry.

Format:

Book

Contributor:

Areshidze, Giorgi, 1983- editor.

Carrese, Paul, editor.

Sherry, Suzanna, editor.

Dry, Murray, honouree.

Series:

SUNY series in American constitutionalism.

SUNY series in American Constitutionalism

Language:

English

Subjects (All):

Constitutional history--United States.

Constitutional history.

Courts--United States.

Courts.

Judicial power--United States.

Judicial power.

Executive power--United States.

Executive power.

Physical Description:

1 online resource (418 p.)

Place of Publication:

Albany, New York : SUNY Press, 2016.

Language Note:

English

Summary:

In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, "The Role of Courts in Constitutional Democracy," analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, "Law and Executive Authority," reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, "Liberal Education, Constitutionalism, and Philosophic Moderation," shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.

Contents:

Contents; Foreword: Truth and the Constitution; Acknowledgments; Introduction: Liberal Education and Politics; Part I: The Role of Courts in Constitutional Democracy; Chapter 1 Why We Need More Judicial Activism; The Judiciary and its Critic s; Constitutional Theory; Constitutional History; Constitutional Practice; Notes; Bibliography; Chapter 2 Legal Realism, Innate Morality, and the Structural Role of the Supreme Court in the U.S. Constitutional Democracy; Introduction; Formalism, Realism, and the Problem of Indeterminacy

Searching for the Determinants of an Indeterminate System of Law: The Role of Moral Intuition and the Conundrum of Free WillReconciling Moral Intuitionist Realism with Judicial Review: The Structural Role of the Supreme Court in United States Constitut; Some Conclusions and a Challenge; Notes; Bibliography; Chapter 3 Is Judicialization Good for Democracy? A Comparative Discussion; Judicialization as Hegemonic Preservation; Justifi cations of Judicialization; Deference to Higher Principles; Judicialization in Comparative Perspective; Conclusion; Notes; Bibliography

Chapter 4 If There's a Right, Is There a Remedy?: The Federal Courts' Role in Remedying Constitutional ViolationsIntroduction; The Bivens Case; The Background: Monroe v. Pape; Bivens: The Federal Analog; The Aftermath of Bivens; The Short-Lived Expansion of Bivens; How the Court Has Narrowed Bivens; Expanding the Bivens Exceptions; Limiting the Class of Defendants; Recasting the Bivens Claim; The Role of State Remedies; The Background; Minneci v. Pollard; Conclusion; Notes; Bibliography; Part II: Law and Executive Authority

Chapter 5 The Necessary and the Good in Lincoln's Wartime Reconstruction PolicyEarly Attempts at Reconstruction: Louisiana, 1862-1863; Formal Policy: The Proclamation of December 8, 1863; The Proclamation Policy in Practice: Louisiana, 1864-1865; Local Political Organization and Action; Confronting Congressional Limitations; The Partial Good and the Conditions for Progress; Notes; Bibliography; Chapter 6 Progress, Return, and the Constitution; Progressivism and Executive Power; The State and Executive Power; War Powers; The Home Front; The Founding and Executive Power

The State and Executive PowerWar Powers; The Home Front; Notes; Bibliography; Chapter 7 Ideas Meet Institutions and the People Rise Up: Four Classic Ideas and the Strange Century of Health Reform; Harry Truman: The Myth of Pluralism, the Power of Congress, and Two Big Ideas; The Barking Dogs Don't Count; Two Ideas; Johnson and Mills: Medicare and the Myth of the Congressional Machine; The Usual Story; The Clintons and the Neo-Progressive Turn; Two Ideas Revisited; Implications of Defeat; George W. Bush: Another Program to Privatize; Obama Discovers the Enduring Appeal of Lockean Liberalism

Obama's Progressive Turn

Notes:

Description based upon print version of record.

Includes bibliographical references at the end of each chapters and index.

Description based on print version record.

ISBN:

9781438460437

1438460430