The Supreme Court and American Constitutionalism

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  • Format: Hardcover
  • Copyright: 1997-11-28
  • Publisher: Rowman & Littlefield Publishers
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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.

Table of Contents

Preface vii
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
Gerard 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 283(14)
Contributors 297

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