The Democratic Constitution, 2nd Edition

By: Louis Fisher, Neal E. Devins

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Paperback | 12 November 2015 | Edition Number 2

At a Glance

Paperback
358 Pages

Edition Type
Revised

Dimensions(cm)
14.7 x 22.6 x 2.5

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Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts.

This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.

Industry Reviews

"In a discussion that ranges from review of the Supreme Court's decisions on federalism and war powers to speech, religion, race, and separation of powers, the authors ably demonstrate how constitutional interpretation is a dialogue among the judiciary, Congress, and the president, with the latter two often either acquiescing in judicial supremacy for political reasons or choosing to ignore it for the same. This is an excellent supplement for collections on law, the Supreme Court, and national politics."--Choice "Few surpass Devins and Fisher in the scrupulousness and comprehensiveness of their knowledge of the constitutional text, as well as of the ways in which, over the course of American history, the meaning of the text has been parsed, separately and conjunctively, by the Court, the Congress, and the executive branch.... a model for the way they believe constitutional questions should be discussed.... The author's historical knowledge is deep enough for them to have seen it all."--The Law and Politics Book Review "...well-suited for use as a supplementary graduate text...packed with useful information. For those who still assume that our Constitution only lives in Supreme Court opinions, the book will be an eye-opening corrective."--Perspectives on Politics

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