The Supreme Court and American Constitutionalism

Front Cover
Bradford P. Wilson, Ken Masugi
Rowman & Littlefield, 1998 - Law - 298 pages
In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance expounding the animating principles of American constitutionalism. Essays devoted to fresh examination of the Supreme Court's jurisprudence with respect to the Necessary and Proper Clause, the Commerce Clause, federalism, the common law, international law and national sovereignty, separation of powers, fundamental rights, term limits, and constitutional criminal procedure. Other essays evaluate the work of the Court as 'republican school master, ' analyzing how the Court has articulated and affected the American people's capacity for self-government, the principle of the rule of law, the historic burden of racial injustice, respect for limited constitutional government, and the civilizational distinction between liberty and license. The Supreme Court and American Constitutionalism will be of great value to students and scholars of American constitutional studies, constitutional law, and American government
 

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Contents

CONSTITUTIONAL INTERPRETATION AND THE GENIUS OF THE PEOPLE
3
LESSONS FROM THE SECOND RECONSTRUCTION
17
WHAT THE JUDGES MAY STILL TEACH
27
THE IDIOM OF COMMON LAW IN THE FORMATION OF JUDICIAL POWER
47
A CASE FOR THE CLEARSIGHTED CITIZEN
69
DON QUIXOTE AND THE CONSTITUTION
93
THE SUPREME COURT AND CONSTITUTIONAL POLITICS
107
THE FUTURE OF CONSTITUTIONAL CRIMINAL PROCEDURE
109
NECESSARY AND PROPER
157
THE COMMERCE CLAUSE AND JUDICIAL REVIEW
195
THE SUPREME COURT AND THE ADMINISTRATIVE STATE
211
RECENT TRENDS
231
WHERE IS THE SUPREME COURT?
251
INDEX
279
CONTRIBUTORS
293
Copyright

THE LESSONS OF THE CIVIL RIGHTS ACT OF 1866
129

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About the author (1998)

Bradford P. Wilson is executive director and acting president of the National Association of Scholars, and professor of political science at Ashland University. He is author of Enforcing the Fourth Amendment and coeditor of two other volumes in Rowman & Littlefield's Ashbrook Series on Constitutional Politics, American Political Parties & Constitutional Politics and Separation of Powers and Good Government. Ken Masugi, visiting professor of political science at the United States Air Force Academy, is also a senior fellow of the Ashbrook Center for Public Affairs and a senior fellow of the Claremont Institute. He is the editor or coeditor of four other books on political thought.

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