Against the Imperial Judiciary

by Franck, Matthew J.

• ISBN13: 9780700607617
• ISBN10: 0700607617
• Format: Hardcover
• Copyright: 1996-04-01
• Publisher: Univ Pr of Kansas

Summary

"Franck's reexamination of the place of natural law in the early Supreme Court is fresh, illuminating, and long overdue. His scholarship is incisive and profound; and the exegeses of early Supreme Court opinions are often brilliant". -- Robert L. Clinton, author of Marbury v. Madison and Judicial Review.

Author Biography

Matthew J. Franck is associate professor and chairman of the Department of Political Science at Radford University.

Table of Contents

Acknowledgments
Introduction: Our Present Straits	p. 1
Political Prudence vs. Juris Prudence	p. 21
Statesmanship and the Judiciary	p. 29
John Marshall on Statesmanship	p. 52
The Breadth of National Judicial Power in the Marshall Era	p. 65
The "Nationalism" of McCulloch v. Maryland	p. 92
Natural Law in the Supreme Court	p. 107
The Early Cases on "Natural Law"	p. 113
The Metamorphosis of the Early Precedents	p. 150
America's Philosophic Teachers and the Judicial Function	p. 171
Sovereignty and Judging in Hobbes's Leviathan	p. 177
The Movement Toward Constitutionalism in Locke's Second Treatise	p. 190
The Political Science of Blackstone's Commentaries	p. 200
Conclusion: Living Constitutionally	p. 208
Notes	p. 215
Bibliography	p. 261
Index	p. 273
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