Larry D. Kramer

The People Themselves (eBook, PDF)

Popular Constitutionalism and Judicial Review

• Format: PDF

Produktbeschreibung

In this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and created a very different system--and held a very different understanding of citizenship--than Americans believe to be the norm today. "Popular sovereignty" was not just some historical abstraction, and the notion of "the people" was more than a flip rhetorical device invoked on the campaign trail. Questions of constitutional meaning provoked vigorous public debate and the actions of government officials were greeted with celebratory feasts and bonfires, or riotous resistance. Americans treated the Constitution as part of the lived reality of their daily existence. Their self-sovereignty in law as much as politics was active not abstract.

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Produktdetails

• Verlag: Oxford University Press
• Erscheinungstermin: 10. Juni 2004
• Englisch
• ISBN-13: 9780198037828
• Artikelnr.: 38128538

Autorenporträt

Larry Kramer is Russell D. Niles Professor of Law at New York University. He served as a law clerk to Justice William J. Brennan, Jr., of the United States Supreme Court and taught at the law schools of both the University of Chicago and the University of Michigan before moving to NYU. He has written extensively in both academic and popular journals on topics involving the role of courts in society.

Inhaltsangabe

* Contents
* Introduction
* 1: In Substance, and In Principle, the Same as It Was Heretofore: The
Customary Constitution
* 2: A Rule Obligatory Upon Every Department: The Origins of Judicial
Review
* 3: The Power Under the Constitution Will Always Be in the People: The
Making of the Constitution
* 4: Courts, as Well as Other Departments, Are Bound by That
Instrument: Accepting Judicial Review
* 5: What Every True Republican Ought to Depend On: Rejecting Judicial
Supremacy
* 6: Notwithstanding This Abstract View: The Changing Context of
Constitutional Law
* 7: To Preserve the Constitution, as a Perpetual Bond of Union: The
Lessons of Experience
* 8: A Layman's Document, Not a Lawyer's Contract: The Continuing
Struggle for Popular Constitutionalism
* 9: As An American: Popular Constitutionalism, Circa 2003
* Epilogue