Description
Book SynopsisSeeks to restore the jurisprudence of the late Justice of the Supreme Court George Sutherland - a jurisprudence anchored in the understanding of natural rights. He is remembered as one of the "four horsemen" who resisted Roosevelt and the New Deal; but we have forgotten his leadership in the cause of voting rights for women.
Trade Review"Advocating that the Supreme Court again espouse natural- rightsjurisprudence is an ambitious undertaking, as is attempting to rehabilitate the Supreme Court justice who, for many, personifies the ideas behind substantive due process. Hadley Arkes accomplishes both tasks with rhetorical skill and intellectual tenacity... An important book ... that challenges us to view constitutional rights afresh through the powerful lens of natural law."--Steven J. Eagle, The Wall Street Journal "Clearly and cogently and even dramatically done... Hadley Arkes leads us into the deepest jungles of constitutional thought... His is a stimulating safari."--Louis Auchincloss, The New Criterion "Arkes's work is a welcome addition to this emerging body of constitutional thought. If given the attention it deserves, it may well fulfill both objectives embodied in its title."--Judge Alex Kozinski, National Review
Table of ContentsPrefaceAcknowledgmentsCh. IThe Figure in the Carpet3Ch. IIFrom the Frontier to the Court: The Shaping of a Mind39Ch. IIIA Jurisprudence of Natural Rights51Ch. IVThe Heavenly World of the New Deal Lawyers83Ch. VThe Puzzle of the Commerce Clause119Ch. VIUndoing the Discipline of the Constitution: Delegations of Authority and Independent Counsels159Ch. VII"In This Vast External Realm ... ": The Imperatives of Foreign Policy and the Dissolving of the Constitution196Ch. VIIISutherland and the Mysteries of the Law242Index293
