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9780674165373

The Constitution in Conflict

by
  • ISBN13:

    9780674165373

  • ISBN10:

    0674165373

  • Edition: Reprint
  • Format: Paperback
  • Copyright: 1995-04-01
  • Publisher: Belknap Pr

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Summary

In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.

Table of Contents

Introduction: White Bosses
Judicial Authority in Principle
The Constitutional Question
Madison's Institutional Answer
Lincoln's Egalitarian Answer
Judicial Supremacy in Practice
The Marshall Court Conflicts
The Black Race within Our Bosom, the Red on Our Borders
The Civil War Rules
Reconstructing the Constitution
Equal Authority in Principle and Practice
An Egalitarian Response: Brown v. Board of Education
Atavistic Reaction: The Nixon Tapes, the Death Penalty, and Abortion
A Constitutional Resolution
Notes
Works Cited
Acknowledgments
Index
Table of Contents provided by Publisher. All Rights Reserved.

Supplemental Materials

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