Constitutional Politics: Essays on Constitution Making, Maintenance, and Change

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Sotirios A. Barber, Robert P. George
Princeton University Press, 2001 M12 9 - 337 páginas

What does it mean to have a constitution? Scholars and students associated with Walter Murphy at Princeton University have long asked this question in their exploration of constitutional politics and judicial behavior. These scholars, concerned with the making, maintenance, and deliberate change of the Constitution, have made unique and significant contributions to our understanding of American constitutional law by going against the norm of court-centered and litigation-minded research. Beginning in the late 1970s, this new wave of academics explored questions ranging from the nature of creating the U.S. Constitution to the philosophy behind amending it.


In this collection, Sotirios A. Barber and Robert P. George bring together fourteen essays by members of this Princeton group--some of the most distinguished scholars in the field. These works consider the meaning of having a constitution, the implications of particular choices in the design of constitutions, and the meaning of judicial supremacy in the interpretation of the Constitution. The overarching ambition of this collection is to awaken a constitutionalist consciousness in its readers--to view themselves as potential makers and changers of constitutions, as opposed to mere subjects of existing arrangements.


In addition to the editors, the contributors are Walter F. Murphy, John E. Finn, Christopher L. Eisgruber, James E. Fleming, Jeffrey K. Tulis, Suzette Hemberger, Stephen Macedo, Sanford Levinson, H. N. Hirsch, Wayne D. Moore, Keith E. Whittington, and Mark E. Brandon.

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Contenido

Introduction
1
Alternative Political Systems
9
The Civic Constitution Some Preliminaries
41
Judicial Supremacy and Constitutional Distortion
70
We the Exceptional American People
91
Constitution and Revolution
116
What Did They Think They Were Doing When They Wrote the US Constitution and Why Should We Care?
128
Notes on Constitutional Maintenance
162
Promoting Diversity in the Public Schools Or To What Extent Does the Establishment Clause of the First Amendment Hinder the Establishment of M...
193
Second Thoughts on the First Amendment
223
Constitutional Citizenship
238
The Political Foundations of Judicial Supremacy
261
Constitutionalism and Constitutional Failure
298
Justice Legitimacy and Allegiance The End of Democracy? Symposium Revisited
314
Notes on Contributors
329
Index
331

Transformative Constitutionalism and the Case of Religion Defending the Moderate Hegemony of Liberalism
167

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Acerca del autor (2001)

Sotirios A. Barber is Professor of Government at the University of Notre Dame and is the author of a number of articles and books on the U.S. Constitution, including On What the Constitution Means and The Constitution of Judicial Power (Both Johns Hopkins). Robert P. George is McCormick Professor of Jurisprudence at Princeton University. He is the author of In Defense of Natural Law (Oxford) and editor of Great Cases in Constitutional Law (Princeton).

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