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• catalog abstract "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.".
• catalog contributor b3541806.
• catalog created "1992.".
• catalog date "1992".
• catalog date "1992.".
• catalog dateCopyrighted "1992.".
• catalog description "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.".
• catalog description "Includes bibliographical references (p. [443]-454) and index.".
• catalog description "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.".
• catalog extent "462 p. ;".
• catalog hasFormat "Constitution in conflict.".
• catalog isFormatOf "Constitution in conflict.".
• catalog issued "1992".
• catalog issued "1992.".
• catalog language "eng".
• catalog publisher "Cambridge, Mass. : Belknap Press,".
• catalog relation "Constitution in conflict.".
• catalog spatial "United States".
• catalog spatial "United States.".
• catalog subject "347.73/12 347.30712 20".
• catalog subject "Constitutional law United States.".
• catalog subject "Judicial power United States History.".
• catalog subject "KF5130 .B87 1992".
• catalog subject "Separation of powers United States History.".
• catalog subject "United States. Supreme Court History.".
• catalog tableOfContents "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.".
• catalog title "The Constitution in conflict / Robert A. Burt.".
• catalog type "History. fast".
• catalog type "text".