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

Some Preliminaries
41
Christopher L Eisgruber Judicial Supremacy
70
James E Fleming We the Exceptional American People
91
Jeffrey K Tulis Constitution and Revolution
116
Sotirios A Barber Notes on Constitutional Maintenance
162
Sanford Levinson Promoting Diversity in the Public Schools
193
H N Hirsch Second Thoughts on the First Amendment
223
Wayne D Moore Constitutional Citizenship
238
Keith E Whittington The Political Foundations of Judicial
261
Mark E Brandon Constitutionalism and Constitutional
298
Notes on Contributors
329
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