The People Themselves: Popular Constitutionalism and Judicial Review

ISBN-13: 9780195306453 / Angielski / Miękka / 2005 / 376 str.

Larry D. Kramer

Opis

In this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and created a very different system--and held a very different understanding of citizenship--than Americans believe to be the norm today. "Popular sovereignty" was not just some historical abstraction, and the notion of "the people" was more than a flip rhetorical device invoked on the campaign trail. Questions of constitutional meaning provoked vigorous public debate and the actions of government officials were greeted with celebratory feasts and bonfires, or riotous resistance. Americans treated the Constitution as part of the lived reality of their daily existence. Their self-sovereignty in law as much as politics was active not abstract.

Recenzje

"Kramer's history is absorbing, his political theory subtle. He puts flesh on the bones of debates over judicial review and popular constitutionalism. With a sure and rare conceptual touch, he traces, and correlates to other political events, modulations over time in the American idea of the Constitution as law. As he does so, he rings the changes on this idea's perceived implications regarding the justifications, self-understandings, and modes of conduct of judicial review."—Frank Michelman, Harvard Law School

O autorze

Larry Kramer is Richard E. Lang Professor of Law and Dean of Stanford Law School. He served as a law clerk to Justice William J. Brennan, Jr., of the United States Supreme Court and taught at the law schools of the University of Chicago, the University of Michigan, and New York University before moving to Stanford. He has written extensively in both academic and popular journals on topics involving the role of courts in society.