The Constitution in conflict
Author(s)
Bibliographic Information
The Constitution in conflict
Belknap Press, 1995
- : pbk
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Note
Includes bibliographical references (p. [443]-454) and index
Description and Table of Contents
Description
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 1. JUDICIAL AUTHORITY IN PRINCIPLE The Constitutional Question Madison's Institutional Answer Lincoln's Egalitarian Answer 2. 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 3. 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
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