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9780300120882

A Republic of Statutes; The New American Constitution

by
  • ISBN13:

    9780300120882

  • ISBN10:

    0300120885

  • Format: Trade Book
  • Copyright: 2010-06-22
  • Publisher: Yale University Press
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Summary

William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.

Author Biography

William N. Eskridge Jr. is the John A. Garver Professor of Jurisprudence at Yale Law School. John Ferejohn is the Charles Seligson Professor of Law at New York University School of Law.

Table of Contents

Acknowledgmentsp. vii
Introduction: America's Working Constitutionp. 1
Statutes and Constitutionalismp. 25
The Constitution of Equality and Administrative Constitutionalismp. 29
The Democratic Constitution and Our Episodic Republicp. 75
The Constitution of the Market and State Legitimacyp. 119
The Dynamics of Superstatutory Implementation and Entrenchmentp. 165
The Safety Net Constitution and the Politics of Entrenchmentp. 171
The Constitution of the Family and Statutes as Precedentsp. 209
The Green Constitution and Judical Deference to Agency Dynamismp. 254
Cycles of Constitutional Entrenchment and Dis-Entrenchmentp. 303
The Monetary Constitution and Administrative Experimentationp. 309
The Antihomosexual Constitution and Its Dis-Entrenchmentp. 349
The National Security Constitutionp. 387
Conclusion: Constitutional Horticulture: Deliberation-Respecting Judicial Reviewp. 431
Notesp. 469
Indexp. 567
Table of Contents provided by Ingram. All Rights Reserved.

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