Items related to The Constitution in Conflict
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also 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 first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
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About the Author:
Robert A. Burt was Alexander M. Bickel Professor of Law at Yale Law School.
Review:
Good political theory, good history, and a good read. (Virginia Quarterly Review)
Dr. Burt provides an excellent study of the evolving functions of the Supreme Court. His work carries the reader from the inceptions of the Court through Roe, Brown III and the surfeit of cases concerning the death penalty issue and abortion. His research illustrates a wide knowledge of source materials dealing with the evolution of the Court. Documentation was gathered from various disciplines to support his contentions concerning the conflicts within the Court. Most illuminating is the colection of annotated footnotes that offer supportive information in a way that does not interrupt the flow of the narrative...It is an excellent tome worthy of several readings. (Arthur K. Steinberg Presidential Studies Quarterly)
A well-written, thoughtful work, sure to be controversial, which adroitly challenges assumptions previously held by most scholars and laypeople about the courts and judicial supremacy. (Choice)
Dr. Burt provides an excellent study of the evolving functions of the Supreme Court. His work carries the reader from the inceptions of the Court through Roe, Brown III and the surfeit of cases concerning the death penalty issue and abortion. His research illustrates a wide knowledge of source materials dealing with the evolution of the Court. Documentation was gathered from various disciplines to support his contentions concerning the conflicts within the Court. Most illuminating is the colection of annotated footnotes that offer supportive information in a way that does not interrupt the flow of the narrative...It is an excellent tome worthy of several readings. (Arthur K. Steinberg Presidential Studies Quarterly)
A well-written, thoughtful work, sure to be controversial, which adroitly challenges assumptions previously held by most scholars and laypeople about the courts and judicial supremacy. (Choice)
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- PublisherBelknap Press
- Publication date1992
- ISBN 10 0674165365
- ISBN 13 9780674165366
- BindingHardcover
- Edition number1
- Number of pages488
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Book Description Hardcover. Condition: New. First Edition. In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also 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 first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law. Seller Inventory # DADAX0674165365
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