This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Larry Kramer is Richard E. Lang Professor of Law and Dean of Stanford Law School. 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 the University of Chicago, the University of Michigan, and New York University before moving to Stanford. He has written extensively in both academic and popular journals on topics involving the role of courts in society.
Inhaltsangabe
* Introduction - Popular Constitutionalism * 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 2004 * Epilogue - Judicial Review Without Judicial Supremacy
* Introduction - Popular Constitutionalism * 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 2004 * Epilogue - Judicial Review Without Judicial Supremacy
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