That Eminent Tribunal: Judicial Supremacy and the Constitution

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Christopher Wolfe
Princeton University Press, 2009 M02 9 - 256 páginas

The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic process?



That Eminent Tribunal 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. They reach this conclusion by an interesting variety of paths, and despite varied political convictions.


Some of the essays debate the explicit claims to constitutional authority laid out by the Supreme Court itself in Planned Parenthood v. Casey and similar cases, and others focus on the defenses of judicial authority found commonly in legal scholarship (e.g., the allegedly superior moral reasoning of judges, or judges' supposed track record of superior political decision making). The authors find these arguments wanting and contend that the principles of republicanism and the contemporary form of judicial review exercised by the Supreme Court are fundamentally incompatible.


The contributors include Hadley Arkes, Gerard V. Bradley, George Liebmann, Michael McConnell, Robert F. Nagel, Jack Wade Nowlin, Steven D. Smith, Jeremy Waldron, Keith E. Whittington, Christopher Wolfe, and Michael P. Zuckert.

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Contenido

INTRODUCTION
1
CHAPTER 1 Is the Constitution Whatever the Winners Say It Is?
10
CHAPTER 2 Nationhood and Judicial Supremacy
20
CHAPTER 3 Casey at the BatTaking Another Swing at Planned Parenthood v Casey
37
The Vices of the Judges Enter a New Stage
59
CHAPTER 5 Judicial Power and the Withering of Civil Society
85
CHAPTER 6 The Academy the Courts and the Culture of Rationalism
97
CHAPTER 7 Judicial Moral Expertise and RealWorld Constraints on Judicial Moral Reasoning
118
CHAPTER 8 Toward a More Balanced History of the Supreme Court
141
CHAPTER 9 Judicial Review and Republican Government Jeremy Waldron
159
Supreme Legislator or Prudent Umpire?
181
CHAPTER 11 The Rehnquist Court and Conservative Judicial Activism
199
Index
225
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Christopher Wolfe is Professor of Political Science at Marquette University. He is the author of How to Interpret the Constitution, Judicial Activism, and The Rise of Modern Judicial Review.

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