Judicial Review And American Democracy


In an attempt to assess the Supreme Court's role in shaping constitutional law, this book examines the issues of whether judicial review is a usurpation of power and whether it is compatible with democratic theory.
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In an attempt to assess the Supreme Court's role in shaping constitutional law, this book examines the issues of whether judicial review is a usurpation of power and whether it is compatible with democratic theory.
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Product Details

  • ISBN-13: 9781587982392
  • Publisher: Beard Books, Incorporated
  • Publication date: 9/1/2004
  • Pages: 308
  • Product dimensions: 0.69 (w) x 9.00 (h) x 6.00 (d)

Table of Contents

Preface xi
Notes: An Explanation xiv
I Judicial Review and American Government
1 Introduction 3
2 The Historic Role of the Supreme Court as Interpreter of the Constitution 9
3 The Scope of Judicial Review 21
4 Marbury v. Madison: The Historical and Political Setting 37
5 The Opinion 49
William Marbury v. James Madison, Secretary of State of the United States 55
II The Usurpation Question
6 The Classic Rebuttal 67
Eakin v. Raub 69
7 Thayer on Restraint 76
"The Origin and Scope of the American Doctrine of Constitutional Law" 78
8 In Defense of Judicial Review 102
"A Government of Law or a Government of Men?" 104
9 Justice Lurton Rebutted 118
"Government by Judiciary" 120
10 The Answer: Judicial Review and the Framers' Intent 145
"The Supreme Court-Usurper or Grantee?" 148
III The Compatibility Question
11 An Antifederalist View of the Undemocratic Nature of the Judiciary 177
"Letters of Brutus: XI" 179
"Letters of Brutus: XII" 184
"Letters of Brutus: XV" 189
12 The Judiciary as a Barrier to Encroachments of Representative Bodies 195
"Federalist 78" 198
"Federalist 81" 204
13 Judicial Review as a Democratic Institution 208
"The Democratic Character of Judicial Review" 210
14 The Antidemocratic Nature of Judicial Review and a Good Democracy 236
"The Democratic Compatibility of Judicial Review" 237
"Limiting Supreme Court Jurisdiction" 253
15 Judicial Review and Public Awareness 257
"A Political Scientist Writes in Defense of The Brethren" 261
Bibliography 269
Index 279
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