The Democratic Constitution / Edition 1

The Democratic Constitution / Edition 1

by Neal Devins, Louis Fisher
     
 

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ISBN-10: 0195171233

ISBN-13: 9780195171235

Pub. Date: 08/13/2004

Publisher: Oxford University Press, USA

The Democratic Constitution is the first attempt to capture the perpetual, collaborative process that shapes the interpretation of the American Constitution. Though the Court has unique power in the American system, the Constitution created a balance of power between the three branches of government, a balance essential to a vibrant and durable democracy. Nonjudicial

Overview

The Democratic Constitution is the first attempt to capture the perpetual, collaborative process that shapes the interpretation of the American Constitution. Though the Court has unique power in the American system, the Constitution created a balance of power between the three branches of government, a balance essential to a vibrant and durable democracy. Nonjudicial contributions to constitutional interpretation, Neal Devins and Louis Fisher demonstrate, make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights. Making use of case studies on race, privacy, federalism, war powers, speech, separation of powers, and religion, Devins and Fisher show how elected officials uphold and safeguard individual rights as well as, and often better than, the courts. This highly readable narrative is an impressive affirmation of public participation in the political process that defines, protects, and gives life to the constitutional order.

Product Details

ISBN-13:
9780195171235
Publisher:
Oxford University Press, USA
Publication date:
08/13/2004
Edition description:
Older Edition
Pages:
320
Product dimensions:
9.40(w) x 6.20(h) x 0.80(d)

Table of Contents

Introduction
1. Judicial Supremacy as Orthodoxy
2. Who Participates?
3. Federalism
4. Separation of Powers
5. The War Power
6. Privacy
7. Race
8. Speech
9. Religion
10. The Ongoing Dialogue
Notes
Case Index
Subject Index

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