The Supreme Court and American ConstitutionalismBradford P. Wilson, Ken Masugi 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 |
Contents
CONSTITUTIONAL INTERPRETATION AND THE GENIUS OF THE PEOPLE | 3 |
LESSONS FROM THE SECOND RECONSTRUCTION | 17 |
WHAT THE JUDGES MAY STILL TEACH | 27 |
THE IDIOM OF COMMON LAW IN THE FORMATION OF JUDICIAL POWER | 47 |
A CASE FOR THE CLEARSIGHTED CITIZEN | 69 |
DON QUIXOTE AND THE CONSTITUTION | 93 |
THE SUPREME COURT AND CONSTITUTIONAL POLITICS | 107 |
THE FUTURE OF CONSTITUTIONAL CRIMINAL PROCEDURE | 109 |
NECESSARY AND PROPER | 157 |
THE COMMERCE CLAUSE AND JUDICIAL REVIEW | 195 |
THE SUPREME COURT AND THE ADMINISTRATIVE STATE | 211 |
RECENT TRENDS | 231 |
WHERE IS THE SUPREME COURT? | 251 |
INDEX | 279 |
| 293 | |
THE LESSONS OF THE CIVIL RIGHTS ACT OF 1866 | 129 |
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The Supreme Court and American Constitutionalism Bradford P. Wilson,Ken Masugi No preview available - 1998 |
Common terms and phrases
administrative agreements Akhil Reed Amar American Anastaplo argued argument authority Bill of Rights Breyer Chadha Chief Justice citizens Civil Rights Act claim Commerce Clause commerce power common law Congress congressional consti constitutional criminal procedure constitutionality decisions dissenting doctrine effect enacted enforce enumerated powers example exclusionary rule executive exercise federal Federalist Fourteenth Amendment Fourth Amendment Framers Hamilton Harvard Law Review Ibid individual interest international law interpretation interstate commerce judges judgment judicial review judiciary Law Review legislative veto legislature liberal liberty limits Lopez Madison majority Marshall matter means ment national government natural rights necessary and proper Ninth Amendment opinion original perspective political president presumption presumption of liberty principles prohibit Proper Clause protection question ratified reason regime regulate Rehnquist republican role rule S.Ct Senate separation of powers standards statute Supreme Court theory Thomas tion tional treaty tution U.S. Constitution U.S. Term Limits United University Press violate Wilson