The Supreme Court and American Constitutionalism
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The Supreme Court and American Constitutionalism
Edited by Bradford P. Wilson and Ken Masugi
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The Ashbrook Series on Constitutional Politics Rowman & Littlefield; 1997 Softcover; 298 pages ISBN 0-8476-8659-0
In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance in expounding the animating principles of American constitutionalism. The Supreme Court and American Constitutionalism will be of great value to students and scholars of American constitutional studies, constitutional law, and American government.
CONTENTS
Preface
Part I: The Supreme Court as Republican Schoolmaster
- The Supreme Court as Republican Schoolmaster: Constitutional Interpretation and the "Genius of the People"
Walter Berns
- The Supreme Court as Teacher: Lessons from the Second Reconstruction
Randall Kennedy
- On the Grounds of Rights and Republican Government: What the Judges May Still Teach
Hadley Arkes
- The Idiom of Common Law in the Formation of Judicial Power
James R. Stoner, Jr.
- The Court as Astigmatic Schoolmarm: A Case for the Clear-Sighted Citizen
Stanley C. Brubaker
- Don Quixote and the Constitution
George Anastaplo
Part II: The Supreme Court and Constitutional Politics
- The Future of Constitutional Criminal Procedure
Akhil Reed Amar
- Fundamental Rights, the Supreme Court and American Constitutionalism: The Lessons of the Civil Rights Act of 1866
Michael Zuckert
- Necessary and Proper
Randy E. Barnett
- Outer Limits: The Commerce Clause and Judicial Review
Robert P. George and Gerald V. Bradley
- "Merely Judgment": The Supreme Court and the Administrative State
David K. Nichols
- Judicial Management of the Separation of Powers: Recent Trends
Nelson Lund
- American Constitutional Sovereignty vs. International Law: Where Is the Supreme Court?
Jeremy Rabkin
Index
Contributors
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