The People Themselves: Popular Constitutionalism and Judicial Review

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Oxford University Press, 10.06.2004 - 376 Seiten
In this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and created a very different system--and held a very different understanding of citizenship--than Americans believe to be the norm today. "Popular sovereignty" was not just some historical abstraction, and the notion of "the people" was more than a flip rhetorical device invoked on the campaign trail. Questions of constitutional meaning provoked vigorous public debate and the actions of government officials were greeted with celebratory feasts and bonfires, or riotous resistance. Americans treated the Constitution as part of the lived reality of their daily existence. Their self-sovereignty in law as much as politics was active not abstract.
 

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Inhalt

POPULAR CONSTITUTIONALISM
3
THE CUSTOMARY CONSTITUTION
9
2 A Rule Obligatory Upon Every Department THE ORIGINS OF JUDICIAL REVIEW
35
THE MAKING OF THE CONSTITUTION
73
ACCEPTING JUDICIAL REVIEW
93
REJECTING JUDICIAL SUPREMACY
128
THE CHANGING CONTEXT OF CONSTITUTIONAL LAW
145
THE LESSONS OF EXPERIENCE
170
THE CONTINUING STRUGGLE FOR POPULAR CONSTITUTIONALISM
207
POPULAR CONSTITUTIONALISM CIRCA 2004
227
JUDICIAL REVIEW WITHOUT JUDICIAL SUPREMACY
249
Notes
255
Index
339
Urheberrecht

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Über den Autor (2004)

Larry Kramer is Richard E. Lang Professor of Law and Dean of Stanford Law School. He served as a law clerk to Justice William J. Brennan, Jr., of the United States Supreme Court and taught at the law schools of the University of Chicago, the University of Michigan, and New York University before moving to Stanford. He has written extensively in both academic and popular journals on topics involving the role of courts in society.

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