Description
Book SynopsisShould the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? This book brings together a distinguished group of legal scholars and political scientists who argue that the Court's power has exceeded its appropriate bounds, and that sound republican principles require greater limits on that power.
Trade Review"This is a very impressive collection of essays by a group of scholars who are at, or entering, the peak of their careers - and stars and superstars they are." - James R. Stoner, Jr., Louisiana State University, author of Common-Law Liberty: Rethinking American Constitutionalism; "This is one of the few academic books that leave the reader asking for more rather than less. It is by a group of leading scholars who lament the judicial activism of federal courts over the past half-century, and particularly since Roe v. Wade. The variety and trenchancy of its arguments make it a significant contribution to the scholarly, and popular, debate over judicial power." - Charles R. Kesler, Claremont Institute, Editor of the Claremont Review of Books"
Table of Contents*FrontMatter, pg. i*Contents, pg. v*Contributors, pg. vii*Introduction, pg. 1*Chapter 1. Is the Constitution Whatever the Winners Say It Is?, pg. 10*Chapter 2. Nationhood and Judicial Supremacy, pg. 20*Chapter 3. "Casey at the Bat"-Taking Another Swing at Planned Parenthood v. Casey, pg. 37*Chapter 4. Antijural Jurisprudence: The Vices of the Judges Enter a New Stage, pg. 59*Chapter 5. Judicial Power and the Withering of Civil Society, pg. 85*Chapter 6. The Academy, the Courts, and the Culture of Rationalism, pg. 97*Chapter 7. Judicial Moral Expertise and Real-World Constraints on Judicial Moral Reasoning, pg. 118*Chapter 8. Toward a More Balanced History of the Supreme Court, pg. 141*Chapter 9. Judicial Review and Republican Government, pg. 159*Chapter 10. The Casey Five versus the Federalism Five: Supreme Legislator or Prudent Umpire?, pg. 181*Chapter 11. The Rehnquist Court and "Conservative Judicial Activism", pg. 199*Index, pg. 225
