Judicial Review And American Democracy

Judicial Review And American Democracy

by Albert P Melone, George Mace

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Product Details

ISBN-13: 9781587982392
Publisher: Beard Books, Incorporated
Publication date: 09/01/2004
Pages: 308
Product dimensions: 0.69(w) x 9.00(h) x 6.00(d)

Table of Contents

Prefacexi
Notes: An Explanationxiv
IJudicial Review and American Government
1Introduction3
2The Historic Role of the Supreme Court as Interpreter of the Constitution9
3The Scope of Judicial Review21
4Marbury v. Madison: The Historical and Political Setting37
5The Opinion49
William Marbury v. James Madison, Secretary of State of the United States55
IIThe Usurpation Question
6The Classic Rebuttal67
Eakin v. Raub69
7Thayer on Restraint76
"The Origin and Scope of the American Doctrine of Constitutional Law"78
8In Defense of Judicial Review102
"A Government of Law or a Government of Men?"104
9Justice Lurton Rebutted118
"Government by Judiciary"120
10The Answer: Judicial Review and the Framers' Intent145
"The Supreme Court-Usurper or Grantee?"148
IIIThe Compatibility Question
11An Antifederalist View of the Undemocratic Nature of the Judiciary177
"Letters of Brutus: XI"179
"Letters of Brutus: XII"184
"Letters of Brutus: XV"189
12The Judiciary as a Barrier to Encroachments of Representative Bodies195
"Federalist 78"198
"Federalist 81"204
13Judicial Review as a Democratic Institution208
"The Democratic Character of Judicial Review"210
14The Antidemocratic Nature of Judicial Review and a Good Democracy236
"The Democratic Compatibility of Judicial Review"237
"Limiting Supreme Court Jurisdiction"253
15Judicial Review and Public Awareness257
"A Political Scientist Writes in Defense of The Brethren"261
Bibliography269
Index279

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