Description
Book Synopsis Judicial review--the power of the United States Supreme Court to nullify unconstitutional laws--has been attacked and celebrated. The Court''s authority has become even more significant over the past century as it has grown to occupy a more central role in the lives of Americans. The result has been for politicians of both major political parties (as well as scholars) to decry the antidemocratic nature of the judicial power.
This book argues that judicial review ensures the survival of the republic, outlining the Court''s responsibilities as an instrument of rights theory and its history of defending the principles established during the American founding that assert the primacy of certain inherent rights. Centering on the power of judicial review, chapters detail the Court''s reputation as a steward of the Constitution, protecting the rights of the people against the encroachments of the executive and legislative branches--and against the fleeting passions of the people
Table of Contents
- Table of Contents
- Acknowledgments
- Preface
- Introduction
- Chapter One: Primary Source Analysis: Philadelphia Convention, Ratification Debates, and Early Court Cases
- Chapter Two: Survey of Judicial Review Scholarship
- Chapter Three: The Sedition Act of 1798 and Nullification, i.e., State Review
- Chapter Four: Marbury, Stuart, McCulloch, and Barron
- Chapter Five: Indian Removal and Dred Scott
- Chapter Six: Privileges or Immunities and the Fourteenth Amendment
- Chapter Seven: Rights
- Chapter Eight: Rights Assertions via the Court in the Twentieth and Twenty-First Centuries
- Conclusion
- Chapter Notes
- Bibliography
- Index
