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• catalog abstract "With quiet eloquence, Lane Sunderland argues that we must reclaim the fundamental principles of the Constitution if we are to restore democratic government to its proper role in American life. For far too long, he contends, the popular will has been held in check by an overly powerful Supreme Court using nonconstitutional principles to make policy and promote its own political agendas. Central to Sunderland's argument is his reconsideration of The Federalist as the first, most reliable, and most profound commentary on the Constitution. He presents a strong, thoughtful challenge to the constitutional theories promoted by Ronald Dworkin, Archibald Cox, Richard Epstein, Michael Perry, John Hart Ely, Robert Bork, Philip Kurland, Laurence Tribe, Mark Tushnet, and Catharine MacKinnon - a diverse group united by an apparent belief in judicial supremacy - and demonstrates that their theories undermine the democratic foundations of the Constitution and the power of the majority to resolve for itself important questions of justice.".
• catalog contributor b8490727.
• catalog created "c1996.".
• catalog date "1996".
• catalog date "c1996.".
• catalog dateCopyrighted "c1996.".
• catalog description "1. Constitutional Antecedents: The Doctrines of Natural Right, Natural Law, and Separation of Powers. Thomas Hobbes. John Locke. Montesquieu. The Declaration of Independence -- 2. The Constitution, The Federalist, and Constitutional Principles. Natural Rights and the Constitution. The Bill of Rights. Democracy, Representation, and The Federalist. Separation of Powers. Enumerated Powers and Federalism -- 3. The Role of the Judiciary. The Federalist and Judicial Power. Early Debates on Judicial Review. Summary of Theorists and Historical Materials. Marbury v. Madison -- 4. The Concept of Rights and Natural Law as Fundamental Constitutional Principles. A Theoretical Approach to Rights: Ronald Dworkin. Judicial Reform under a Written Constitution: Archibald Cox -- 5. Property Rights and Human Rights. Property Rights and Judicial Activism: Richard A. Epstein. Constitutional Aspiration and Judicial Prophecy: Michael Perry -- 6. Representation and Democratic Theory in the Constitution.".
• catalog description "Central to Sunderland's argument is his reconsideration of The Federalist as the first, most reliable, and most profound commentary on the Constitution. He presents a strong, thoughtful challenge to the constitutional theories promoted by Ronald Dworkin, Archibald Cox, Richard Epstein, Michael Perry, John Hart Ely, Robert Bork, Philip Kurland, Laurence Tribe, Mark Tushnet, and Catharine MacKinnon - a diverse group united by an apparent belief in judicial supremacy - and demonstrates that their theories undermine the democratic foundations of the Constitution and the power of the majority to resolve for itself important questions of justice.".
• catalog description "Includes bibliographical references (p. [341]-350) and index.".
• catalog description "With quiet eloquence, Lane Sunderland argues that we must reclaim the fundamental principles of the Constitution if we are to restore democratic government to its proper role in American life. For far too long, he contends, the popular will has been held in check by an overly powerful Supreme Court using nonconstitutional principles to make policy and promote its own political agendas.".
• catalog extent "x, 361 p. ;".
• catalog hasFormat "Popular government and the Supreme Court.".
• catalog identifier "0700607439 (alk. paper)".
• catalog isFormatOf "Popular government and the Supreme Court.".
• catalog issued "1996".
• catalog issued "c1996.".
• catalog language "eng".
• catalog publisher "Lawrence, Kan. : University Press of Kansas,".
• catalog relation "Popular government and the Supreme Court.".
• catalog spatial "United States".
• catalog spatial "United States.".
• catalog subject "342.73 347.302 20".
• catalog subject "Civil rights United States.".
• catalog subject "Constitutional law United States Philosophy.".
• catalog subject "Judicial power United States.".
• catalog subject "KF4550 .S83 1995".
• catalog subject "Natural law.".
• catalog subject "United States. Supreme Court.".
• catalog tableOfContents "1. Constitutional Antecedents: The Doctrines of Natural Right, Natural Law, and Separation of Powers. Thomas Hobbes. John Locke. Montesquieu. The Declaration of Independence -- 2. The Constitution, The Federalist, and Constitutional Principles. Natural Rights and the Constitution. The Bill of Rights. Democracy, Representation, and The Federalist. Separation of Powers. Enumerated Powers and Federalism -- 3. The Role of the Judiciary. The Federalist and Judicial Power. Early Debates on Judicial Review. Summary of Theorists and Historical Materials. Marbury v. Madison -- 4. The Concept of Rights and Natural Law as Fundamental Constitutional Principles. A Theoretical Approach to Rights: Ronald Dworkin. Judicial Reform under a Written Constitution: Archibald Cox -- 5. Property Rights and Human Rights. Property Rights and Judicial Activism: Richard A. Epstein. Constitutional Aspiration and Judicial Prophecy: Michael Perry -- 6. Representation and Democratic Theory in the Constitution.".
• catalog title "Popular government and the Supreme Court : securing the public good and private rights / Lane V. Sunderland.".
• catalog type "text".