Political foundations of judicial supremacy : the presidency, the Supreme Court, and constitutional leadership in U.S. history

Keith E. Whittington

Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so - and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them - by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.

「Nielsen BookData」より

[目次]

  • Preface xi Chapter 1: The Politics of Constitutional Meaning 1 Chapter 2: The Construction of Constitutional Regimes 28 Chapter 3: The Reconstruction of Judicial Authority 82 Chapter 4: The Judiciary in the Politics of Opposition 161 Chapter 5: The Growth of Judicial Authority 230 Chapter 6: The Dynamics of Constitutional Authority 285 Index 297

「Nielsen BookData」より

この本の情報

書名 Political foundations of judicial supremacy : the presidency, the Supreme Court, and constitutional leadership in U.S. history
著作者等 Whittington, Keith E.
シリーズ名 Princeton studies in American politics : historical, international, and comparative perspectives
出版元 Princeton University Press
刊行年月 c2007
ページ数 xii, 303 p.
大きさ 24 cm
ISBN 9780691141022
9780691096407
NCID BA81939357
※クリックでCiNii Booksを表示
言語 英語
出版国 アメリカ合衆国
この本を: 
このエントリーをはてなブックマークに追加

このページを印刷

外部サイトで検索

この本と繋がる本を検索

ウィキペディアから連想