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- catalog abstract "Franck challenges three propositions central to current debates about the supreme Court's role in American life: that the Court has the final word in interpreting the Constitution above competing views from other government branches; that it may legitimately initiate actions to correct political or social dysfunctions left uncorrected by those branches; and that constitutional decisions may be grounded in natural law or a "higher law" located beyond the text of the Constitution. Franck claims these erroneous propositions have allowed the Court's power to grow well beyond its constitutional mandate. He persuasively argues that a more accurate and responsible view of judicial power can be revived by reexamining the Framers' thought, the writings of liberal philosopher (especially Hobbes, Locke, and Blockstone), and the early opinions of the Supreme Court.".
- catalog contributor b8971494.
- catalog created "c1996.".
- catalog date "1996".
- catalog date "c1996.".
- catalog dateCopyrighted "c1996.".
- catalog description "1. Introduction: Our Present Straits -- pt. 1. Political Prudence vs. Juris Prudence. 2. Statesmanship and the Judiciary. 3. John Marshall on Statesmanship. 4. The Breadth of National Judicial Power in the Marshall Era. 5. The "Nationalism" of McCulloch v. Maryland -- pt. 2. Natural Law in the Supreme Court. 6. The Early Cases on "Natural Law" 7. The Metamorphosis of the Early Precedents -- pt. 3. America's Philosophic Teachers and the Judicial Function. 8. Sovereignty and Judging in Hobbes's Leviathan. 9. The Movement Toward Constitutionalism in Locke's Second Treatise. 10. The Political Science of Blackstone's Commentaries. 11. Conclusion: Living Constitutionally.".
- catalog description "Franck challenges three propositions central to current debates about the supreme Court's role in American life: that the Court has the final word in interpreting the Constitution above competing views from other government branches; that it may legitimately initiate actions to correct political or social dysfunctions left uncorrected by those branches; and that constitutional decisions may be grounded in natural law or a "higher law" located beyond the text of the Constitution. Franck claims these erroneous propositions have allowed the Court's power to grow well beyond its constitutional mandate. He persuasively argues that a more accurate and responsible view of judicial power can be revived by reexamining the Framers' thought, the writings of liberal philosopher (especially Hobbes, Locke, and Blockstone), and the early opinions of the Supreme Court.".
- catalog description "Includes bibliographical references (p. [261]-269) and index.".
- catalog extent "viii, 279 p. ;".
- catalog hasFormat "Against the imperial judiciary.".
- catalog identifier "0700607617 (alk. paper)".
- catalog isFormatOf "Against the imperial judiciary.".
- catalog issued "1996".
- catalog issued "c1996.".
- catalog language "eng".
- catalog publisher "Lawrence : University Press of Kansas,".
- catalog relation "Against the imperial judiciary.".
- catalog spatial "United States.".
- catalog subject "347.73/26 347.30735 20".
- catalog subject "Constitutional law United States.".
- catalog subject "KF8748 .F647 1996".
- catalog subject "Political questions and judicial power United States.".
- catalog subject "United States. Supreme Court.".
- catalog tableOfContents "1. Introduction: Our Present Straits -- pt. 1. Political Prudence vs. Juris Prudence. 2. Statesmanship and the Judiciary. 3. John Marshall on Statesmanship. 4. The Breadth of National Judicial Power in the Marshall Era. 5. The "Nationalism" of McCulloch v. Maryland -- pt. 2. Natural Law in the Supreme Court. 6. The Early Cases on "Natural Law" 7. The Metamorphosis of the Early Precedents -- pt. 3. America's Philosophic Teachers and the Judicial Function. 8. Sovereignty and Judging in Hobbes's Leviathan. 9. The Movement Toward Constitutionalism in Locke's Second Treatise. 10. The Political Science of Blackstone's Commentaries. 11. Conclusion: Living Constitutionally.".
- catalog title "Against the Imperial judiciary : the Supreme Court vs. the sovereignty of the people / Matthew J. Franck.".
- catalog type "text".