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The Supreme Court and American Constitutionalism : Ashbrook Series on Constitutional Politics - Bradford P. Wilson

The Supreme Court and American Constitutionalism

Ashbrook Series on Constitutional Politics

Paperback Published: 28th September 1997
ISBN: 9780847686599
Number Of Pages: 306

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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.

These essays raise a host of interesing questions and advocate provocative solutions to theses perceived problems with the current state of constitutional jurisprudence.--Mark C. Miller, Clark University "Review Of The Supreme Court and American Constitutionalism "

Preface
The Supreme Court as Republican Schoolmaster: Constitutional Interpretation and the "Genius of the People"p. 3
The Supreme Court as Teacher: Lessons from the Second Reconstructionp. 17
On the Grounds of Rights and Republican Government: What the Judges May Still Teachp. 27
The Idiom of Common Law in the Formation of Judicial Powerp. 47
The Court as Astigmatic Schoolmarm: A Case for the Clear-Sighted Citizenp. 69
Don Quixote and the Constitutionp. 93
The Future of Constitutional Criminal Procedurep. 109
Fundamental Rights, the Supreme Court and American Constitutionalism: The Lessons of the Civil Rights Act of 1866p. 129
Necessary and Properp. 157
Outer Limits: The Commerce Clause and Judicial Reviewp. 195
"Merely Judgment": The Supreme Court and the Administrative Statep. 211
Judicial Management of the Separation of Powers: Recent Trendsp. 233
American Constitutional Sovereignty vs. International Law: Where Is the Supreme Court?p. 255
Indexp. 283
Contributorsp. 297
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780847686599
ISBN-10: 0847686590
Series: Ashbrook Series on Constitutional Politics
Audience: General
Format: Paperback
Language: English
Number Of Pages: 306
Published: 28th September 1997
Country of Publication: US
Dimensions (cm): 22.76 x 14.83  x 1.8
Weight (kg): 0.41