American constitutionalism : from theory to politics
Provides an introduction to the subject of American constitutional theory. This book surveys the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context.
eBook, English, ©1998
1st pbk. print View all formats and editions
Princeton University Press, Princeton, N.J., ©1998
1 online resource (xii, 216 pages)
9781400822126, 1400822122
680017833
1: American constitutionalism
The idea of American constitutionalism
The sovereignty of the people
The problem of constitutional change
2: The constitution and political institutions
Madison and the problem of faction
The Constitution and the concept of the state
The Constitution and American political development
3: Judicial review and American democracy
The establishment of Judicial independence
Judicial review and democracy in the modern state
The contemporary debate and the role of the Supreme Court
4: Problems of constitutional adjudication
The Supreme Court and American constitutionalism
The process of Judicial decisionmaking
5: Theories of constitutional interpretation
A pluralist theory of American constitutional interpretation
The contemporary theoretical debate
Democracy and theories of interpretation
The problem of history in constitutional interpretation
Interpreting the fourteenth amendment
Republicanism and constitutional philosophy
6: Constitutional crisis and reform
Constitutional crisis
Constitutional reform
The future of American constitutionalism