Rowman & Littlefield Publishers
Pages: 275
Trim: 6¼ x 9¼
978-0-8476-8658-2 • Hardback • November 1997 • $178.00 • (£138.00)
Bradford P. Wilson is executive director and acting president of the National Association of Scholars, and professor of political science at Ashland University. He is author of Enforcing the Fourth Amendment and coeditor of two other volumes in Rowman & Littlefield's Ashbrook Series on Constitutional Politics, American Political Parties & Constitutional Politics and Separation of Powers and Good Government.
Ken Masugi, visiting professor of political science at the United States Air Force Academy, is also a senior fellow of the Ashbrook Center for Public Affairs and a senior fellow of the Claremont Institute. He is the editor or coeditor of four other books on political thought.
Chapter 1 Preface
Part 2 Part I: The Supreme Court as Republican Schoolmaster
Chapter 3 The Supreme Court as Republican Schoolmaster: Constitutional Interpretation and the "Genius of the People"
Chapter 4 The Supreme Court as Teacher: Lessons from the Second Reconstruction
Chapter 5 On the Grounds of Rights and Republican Government: What Judges May Still Teach
Chapter 6 The Idiom of Common Law in the Formation of Judicial Power
Chapter 7 The Court as Astigmatic Schoolmarm: A Case for the Clear-Sighted Citizen
Chapter 8 Don Quixote and the Constitution
Part 9 Part II: The Supreme Court and Consititutional Politics
Chapter 10 The Future of Constitutional Criminal Procedure
Chapter 11 Fundamental Rights, the Supreme Court and American Constitutionalism: The Lessons of the Civil Rights Act of 1866
Chapter 12 Necessary and Proper
Chapter 13 Outer Limits: The Commerce Clause and Judicial Review
Chapter 14 "Merely Judgements": The Supreme Court and the Administrative State
Chapter 15 Judicial Management of the Separation of Powers: Recent Trends
Chapter 16 American Constitutional Sovereignty vs. International Law: Where Is the Supreme Court?
Chapter 17 Index
These essays raise a host of interesing questions and advocate provocative solutions to theses perceived problems with the current state of constitutional jurisprudence.
— Mark C. Miller, Clark University; Review Of The Supreme Court and American Constitutionalism
Happily, this collection largely avoids the wildly uneven quality of many edited volumes. Nearly all of the essays included here are interesting and enlightening. These essays tend to provide thoughtful considerations on the theory and practice of American constitutionalism.
— Ethics: An International Journal of Social, Political, and Legal Philosophy
...A collection of complex and provocative essays from a variety of political scientists and legal scholars which critique the role the U.S. Supreme court has played in developing constitutional law in the United States over the last several decades.
— Mark C. Miller, Clark University; H-Net: Humanities and Social Science Reviews Online
This outstanding collection of 13 essays was written by a distinguished group of political scientist and law professors . . . .theses essays reflect a thoughful perspective on the Supreme Court's role as 'Republican Schoolmaster,' with most giving qualified endorsement to such power.
— J.R.Vile, Middle Tennessee State University; Choice Reviews, July/ August 1998, Vol. 35, N0. 11/12