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Repugnant Laws
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant cata...
Political Foundations of Judicial Supremacy
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution...
Constitutional Construction
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington chara...
Constitutional Interpretation
With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.
The Oxford Handbook of Law and Politics
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
American Political Thought
American Political Thought: Readings and Materials presents a diverse collection of writings, speeches, judicial opinions, and other political documents, offering an introduction to the controversies and disputes that have mobilized Americans since the first settlements in North America. Ranging from the Colonial era to the present day-and featuring both traditional readings and lesser-known documents-this reader takes a historical approach that helps students see how political, economic, and social conditions led to the development of specific political ideas. Each chapter includes a substantial introduction and each reading is enriched by headnotes and discussion questions. Visit the Companion Website at http: //global.oup.com/us/companion.websites/9780199338863/ for additional readings and materials.
Law and Politics
A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.
American Constitutionalism: Rights and liberties. Introduction to rights and liberties in American constitutionalism. The colonial era : before 1776. The founding era : 1776-1791. The early national era : 1791-1828. The Jacksonian era : 1829-1860. Civil War and Reconstruction : 1861-1876. The Republican era : 1877-1932. The New Deal
Présentation de l'éditeur : "The key points are the authors (editing and headnotes), broader readings (for political and historical context), historical sequence (with flexibility to suit both new and traditional courses), and pedagogy to encourage learning and critical thinking. Political science majors and future practicing lawyers alike will appreciate this "historical institutional " context, seeing the law as a vital part of the political process. They will see how the Constitution and the courts are influenced by politics, how other factors and players shape the law beyond the Supreme Court, and how history is in turn a struggle for constitutional authority. And they are reinforced and challenged at every step by bulleted summaries, questions, and other pedagogy not found in any other text."
The Second Creation
A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning...
Controlling the State
This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.
