The Constitution in ConflictBelknap Press, 1992 - 462 halaman Lincoln was not alone in believing that the Constitution could be interpreted by any of the three branches of the government. Today, however, the Supreme Court's role as the ultimate arbiter of constitutional matters is widely accepted. But as Robert Burt shows in his provocative new book, this was not always the case, nor should it be. In a remarkably innovative reconstruction of constitutional history, Burt traces the controversy over judicial supremacy back to the founding fathers, with Madison and Hamilton as the principal antagonists. The conflicting views these founders espoused--equal interpretive powers among the federal branches on one hand and judicial supremacy on the other--remain plausible readings of "original intent" and so continue to present us with a choice. Drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The proper task of the judiciary, he contends--as epitomized in Brown v. Board of Education--is to actively protect minorities against "enslaving" legislative defeats while, at the same time, to refrain from awarding conclusive "victory" to these minorities against their adversaries. From this premise, Burt goes on to examine key decisions such as Roe v. Wade, U.S. v. Nixon, and the death penalty cases, all of which demonstrate how the Court has fallen away from egalitarian jurisprudence and returned to an essentially authoritarian conception of its role. With an eye to the urgent issues at stake in these cases, Burt identifies the alternative results that an egalitarian conception of judicial authority would dictate. Thefirst fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important, but not predominant, role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law. |
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... death penalty would have no place ; but whether this result would follow from its ruling , whether anything of practical significance would follow , remained obscure - dependent on fu- ture implementation by juries and interpretation by ...
... death penalty would have no place ; but whether this result would follow from its ruling , whether anything of practical significance would follow , remained obscure - dependent on fu- ture implementation by juries and interpretation by ...
Halaman 342
... death penalty states.77 Whatever the possible remedy , by acknowl- edging the existence of racism in the current administration of capital punishment , the Court would be obliged to launch a whole- sale restructuring of the system ...
... death penalty states.77 Whatever the possible remedy , by acknowl- edging the existence of racism in the current administration of capital punishment , the Court would be obliged to launch a whole- sale restructuring of the system ...
Halaman 343
... death penalty statutes in thirty - seven states today , executions have occurred almost exclusively in the slave states that had seceded from the Union ( of the 121 executions carried out between 1968 and 1990 , 110 took place in the ...
... death penalty statutes in thirty - seven states today , executions have occurred almost exclusively in the slave states that had seceded from the Union ( of the 121 executions carried out between 1968 and 1990 , 110 took place in the ...
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Madisons Institutional Answer | 34 |
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