Constitution In Conflict / Edition 1

Constitution In Conflict / Edition 1

by Robert A. Burt, R. A. Burt
     
 

ISBN-10: 0674165373

ISBN-13: 9780674165373

Pub. Date: 03/01/1992

Publisher: Harvard University Press


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…  See more details below

Overview


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.

Product Details

ISBN-13:
9780674165373
Publisher:
Harvard University Press
Publication date:
03/01/1992
Edition description:
REPRINT
Pages:
474
Product dimensions:
6.14(w) x 9.21(h) x 0.95(d)

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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