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The Resource The Constitution in conflict, Robert A. Burt

The Constitution in conflict, Robert A. Burt

Label
The Constitution in conflict
Title
The Constitution in conflict
Statement of responsibility
Robert A. Burt
Creator
Subject
Genre
Language
eng
Summary
Lincoln was not alone in believing that the Constitution could be interpreted by any of the three branches of the government. Today, however, the Supreme Court's role as the ultimate arbiter of constitutional matters is widely accepted. But as Robert Burt shows in his provocative new book, this was not always the case, nor should it be. In a remarkably innovative reconstruction of constitutional history, Burt traces the controversy over judicial supremacy back to the founding fathers, with Madison and Hamilton as the principal antagonists. The conflicting views these founders espoused--equal interpretive powers among the federal branches on one hand and judicial supremacy on the other--remain plausible readings of "original intent" and so continue to present us with a choice. Drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The proper task of the judiciary, he contends--as epitomized in Brown v. Board of Education--is to actively protect minorities against "enslaving" legislative defeats while, at the same time, to refrain from awarding conclusive "victory" to these minorities against their adversaries. From this premise, Burt goes on to examine key decisions such as Roe v. Wade, U.S. v. Nixon, and the death penalty cases, all of which demonstrate how the Court has fallen away from egalitarian jurisprudence and returned to an essentially authoritarian conception of its role. With an eye to the urgent issues at stake in these cases, Burt identifies the alternative results that an egalitarian conception of judicial authority would dictate. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important, but not predominant, role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law
Cataloging source
DLC
http://library.link/vocab/creatorDate
1939-2015
http://library.link/vocab/creatorName
Burt, Robert A.
Index
index present
LC call number
KF5130
LC item number
.B87 1992
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • United States
  • Judicial power
  • Constitutional law
  • Separation of powers
  • Constitutional history
Label
The Constitution in conflict, Robert A. Burt
Instantiates
Publication
Bibliography note
Includes bibliographical references (pages 443-454) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
1. Judicial authority in principle: The constitutional question. Madison's institutional answer. Lincoln's egalitarian answer -- 2. Judicial supremacy in practice: The Marshall Court conflicts. The Black race within our bosom, the Red on our borders. The Civil War rules. Reconstructing the Constitution -- 3. Equal authority in principle and practice: An egalitarian response : Brown v. Board of Education. Atavistic reaction : the Nixon tapes, the death penalty, and abortion. A constitutional resolution
Control code
24212429
Dimensions
25 cm
Extent
462 pages
Isbn
9780674165366
Lccn
91028107
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(WaOLN)1428262
Label
The Constitution in conflict, Robert A. Burt
Publication
Bibliography note
Includes bibliographical references (pages 443-454) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
1. Judicial authority in principle: The constitutional question. Madison's institutional answer. Lincoln's egalitarian answer -- 2. Judicial supremacy in practice: The Marshall Court conflicts. The Black race within our bosom, the Red on our borders. The Civil War rules. Reconstructing the Constitution -- 3. Equal authority in principle and practice: An egalitarian response : Brown v. Board of Education. Atavistic reaction : the Nixon tapes, the death penalty, and abortion. A constitutional resolution
Control code
24212429
Dimensions
25 cm
Extent
462 pages
Isbn
9780674165366
Lccn
91028107
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(WaOLN)1428262

Library Locations

    • Leon E. Bloch Law LibraryBorrow it
      500 E. 52nd Street, Kansas City, MO, 64110, US
      39.032488 -94.581967
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