Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex-or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we ...
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Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex-or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we set aside common but erroneous assumptions-that constitutional law should be independent from our political commitments and that the role of constitutional law is to settle political disagreement. Seidman develops a theory of "unsettlement." A constitution that unsettles, that destabilizes outcomes produced by the political process, creates no permanent losers nursing deep-seated grievances, he says. An "unsettling" constitution helps to build a community founded on consent by enticing losers into a continuing conversation. The author applies this theory to an array of well-known cases heard by the Supreme Court over the past several decades, including the fall 2000 election decision.
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Add this copy of Our Unsettled Constitution a New Defense of to cart. $78.68, new condition, Sold by Books2anywhere rated 5.0 out of 5 stars, ships from Fairford, GLOUCESTERSHIRE, UNITED KINGDOM, published 2001 by Yale University Press.
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PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
Add this copy of Our Unsettled Constitution: A New Defense of to cart. $93.20, new condition, Sold by Booksplease rated 4.0 out of 5 stars, ships from Southport, MERSEYSIDE, UNITED KINGDOM, published 2001 by Yale University Press.
Add this copy of Our Unsettled Constitution a New Defense of to cart. $81.77, new condition, Sold by Paperbackshop International rated 2.0 out of 5 stars, ships from Fairford, GLOS, UNITED KINGDOM, published 2001 by Yale University Press.
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PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
Add this copy of Our Unsettled Constitution: a New Defense of to cart. $9.96, good condition, Sold by Midtown Scholar Bookstore rated 5.0 out of 5 stars, ships from Harrisburg, PA, UNITED STATES, published 2001 by Yale University Press.
Add this copy of Our Unsettled Constitution: a New Defense of to cart. $10.92, good condition, Sold by Midtown Scholar Bookstore rated 5.0 out of 5 stars, ships from Harrisburg, PA, UNITED STATES, published 2001 by Yale University Press.
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HARDCOVER Good-Bumped and creased book with tears to the extremities, but not affecting the text block, may have remainder mark or previous owner's name-GOOD Standard-sized.
Add this copy of Our Unsettled Constitution: a New Defense of to cart. $12.00, good condition, Sold by HPB-Red rated 5.0 out of 5 stars, ships from Dallas, TX, UNITED STATES, published 2001 by Yale University Press.
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Add this copy of Our Unsettled Constitution: a New Defense of to cart. $13.48, very good condition, Sold by Midtown Scholar Bookstore rated 5.0 out of 5 stars, ships from Harrisburg, PA, UNITED STATES, published 2001 by Yale University Press.
Add this copy of Our Unsettled Constitution: A New Defense of to cart. $92.28, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2001 by Yale University Press.
Add this copy of Our Unsettled Constitution: a New Defense of to cart. $2,357.00, new condition, Sold by BWS Bks rated 5.0 out of 5 stars, ships from Ferndale, NY, UNITED STATES, published 2001 by Yale Univ Pr.
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New. 0300085311. *** FREE UPGRADE to Courier/Priority Shipping Upon Request *** – – *** IN STOCK AND IMMEDIATELY AVAILABLE FOR SHIPMENT-BRAND NEW, FLAWLESS COPY, NEVER OPENED-272 pages--DESCRIPTION: Not quite two centuries ago, Chief Justice John Marshall counseled the Supreme Court (and, by implication, the rest of us) to remember that it is a Constitution we are interpreting. Taking the Constitution seriously is no small task, and, as Seidman (law, Georgetown Univ. Law Ctr. ) so ably reminds us, constitutional interpretation is more a matter of creativity than discovery. In this fresh, innovative, thoughtful, and thought-provoking examination of the Constitution and its role in American law and politics, he presents a theory of constitutional "unsettlement" that forces us to reexamine what we think of the text of the Constitution, its interpretation and application, and its role in crafting conversation and consent rather than merely concluding or "settling" conflict (such as that over the 2000 presidential election). This insightful book will not command universal agreement, but its core thesis concerning the political ramifications of judicial review must be encountered. It belongs in all libraries, especially those serving scholars and graduate students. --with a bonus offer--
Add this copy of Our Unsettled Constitution: a New Defense of to cart. $15.50, very good condition, Sold by Montclair Book Center rated 4.0 out of 5 stars, ships from Montclair, NJ, UNITED STATES, published 2001 by Yale University Press.