Cornell University Press
The Supreme Court and Constitutional Democracy
About this book
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Author / Editor information
John Agresto is the author of Mugged by Reality: The Liberation of Iraq and the Failure of Good Intentions and Rediscovering America: Liberty, Equality, and the Crisis of Demoracy.
Reviews
To put it quite simply, this is an extradordinarily good book. It warrants reading by everyone who teaches about the Supreme Court, and... it warrants assignment in upper-level courses on the judiciary and constitutional law. It is one of those rare books that grows richer on re-reading; it belongs on the shelf of every serious judicial scholar.
Topics
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Frontmatter
1 -
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Contents
7 -
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Preface
9 -
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1. The Limits of Judicial Power
19 -
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2. Judicial Review and the Rise of Constitutional Government
40 -
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3. The Growth of Judicial Power
56 -
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4. From Judicial Review to Judicial Supremacy
77 -
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5. "From This Court There Is No Appeal"
96 -
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6. The Promise and Perils of an Active Court
139 -
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Notes
169 -
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Index
179