To Secure These Rights enters the fascinating--and often contentious--debate over constitutional interpretation. Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life.
Importantly, the theory advanced in this book--what Gerber calls liberal originalism--is neither consistently...
To Secure These Rights enters the fascinating--and often contentious--debate over constitutional interpretation. Scott Douglas Gerber here a...
Clarence Thomas is one of the most vilified public figures of our day. To date, however, his legal philosophy has received only cursory treatment. First Principles provides a portrait of Thomas based not on the justice's caricatured reputation, but on his judicial opinions and votes, his scholarly writings, and his public speeches.
The paperback edition includes a provocative new Afterword by the author bringing the book up to date by assessing Justice Thomas's performance, and the reaction to his decisions, during the last five years.
Clarence Thomas is one of the most vilified public figures of our day. To date, however, his legal philosophy has received only cursory treatment. ...
Clarence Thomas is one of the most vilified public figures of our day. To date, however, his legal philosophy has received only cursory treatment. First Principles provides a portrait of Thomas based not on the justice's caricatured reputation, but on his judicial opinions and votes, his scholarly writings, and his public speeches.
The paperback edition includes a provocative new Afterword by the author bringing the book up to date by assessing Justice Thomas's performance, and the reaction to his decisions, during the last five years.
Clarence Thomas is one of the most vilified public figures of our day. To date, however, his legal philosophy has received only cursory treatment. ...
Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the -father of the Supreme Court- and -the jurist who started it all.-
Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her...
Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the -fathe...
Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the -father of the Supreme Court- and -the jurist who started it all.-
Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her...
Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the -fathe...
A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence...
A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive crit...