In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers.
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In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers.
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Seller's Description:
Good. Size: 9x6x1; Clean and sturdy copy with unmarked text. Dust jacket included. Significant edge wear around top and bottom of DJ including a small tear in bottom right corner of front cover. Tight binding and clean pages. Law. BA.
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Seller's Description:
Very Good. Very Good condition. A copy that may have a few cosmetic defects. May also contain light spine creasing or a few markings such as an owner's name, short gifter's inscription or light stamp.
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Seller's Description:
Good. 462, footnotes, notes, works cited, index, some wear and soiling to boards and spine. 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 anessentially authoritarian conception of its role.
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Seller's Description:
Very good, good. 462, footnotes, notes, works cited, index, small tear and chip in front DJ. 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 anessentially authoritarian conception of its role.
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Seller's Description:
First Edition, first printing with full number line in near fine/ very good condition. The pages are clean and crisp, in like new condition, with no bent corners. Boards are as new, and the spine is square and tight. The dust jacket has minor shelf wear with a few small nicks and tears at the edges. The book is otherwise in excellent condition with an unclipped DJ, and no remainder mark. All items guaranteed, and a portion of each sale supports social programs in Los Angeles. Ships from CA.
