That Eminent Tribunal: Judicial Supremacy and the Constitution

That Eminent Tribunal: Judicial Supremacy and the Constitution

by Christopher Wolfe
     
 

ISBN-10: 0691116687

ISBN-13: 9780691116686

Pub. Date: 08/16/2004

Publisher: Princeton University Press

The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic

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Overview

The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic process?

That Eminent Tribunal brings together a distinguished group of legal scholars and political scientists who argue that the Court's power has exceeded its appropriate bounds, and that sound republican principles require greater limits on that power. They reach this conclusion by an interesting variety of paths, and despite varied political convictions.

Some of the essays debate the explicit claims to constitutional authority laid out by the Supreme Court itself in Planned Parenthood v. Casey and similar cases, and others focus on the defenses of judicial authority found commonly in legal scholarship (e.g., the allegedly superior moral reasoning of judges, or judges' supposed track record of superior political decision making). The authors find these arguments wanting and contend that the principles of republicanism and the contemporary form of judicial review exercised by the Supreme Court are fundamentally incompatible.

The contributors include Hadley Arkes, Gerard V. Bradley, George Liebmann, Michael McConnell, Robert F. Nagel, Jack Wade Nowlin, Steven D. Smith, Jeremy Waldron, Keith E. Whittington, Christopher Wolfe, and Michael P. Zuckert.

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Product Details

ISBN-13:
9780691116686
Publisher:
Princeton University Press
Publication date:
08/16/2004
Series:
New Forum Books Series
Edition description:
New Edition
Pages:
256
Product dimensions:
6.10(w) x 9.20(h) x 0.70(d)

Table of Contents

Introduction1
Ch. 1Is the constitution whatever the winners say it is?10
Ch. 2Nationhood and judicial supremacy20
Ch. 3"Casey at the bat" - taking another swing at Planned Parenthood v. Casey37
Ch. 4Antijural jurisprudence : the vices of the judges enter a new stage59
Ch. 5Judicial power and the withering of civil society85
Ch. 6The academy, the courts, and the culture of rationalism97
Ch. 7Judicial moral expertise and real-world constraints on judicial moral reasoning118
Ch. 8Toward a more balanced history of the Supreme Court141
Ch. 9Judicial reviews and republican government159
Ch. 10The Casey five versus the federalism five : supreme legislator or prudent umpire?181
Ch. 11The Rehnquist court and "conservative judicial activism"199

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