Ebook BookThe People Themselves Popular Constitutionalism and Judicial Review

[Free.q7pa] The People Themselves Popular Constitutionalism and Judicial Review

[Free.q7pa] The People Themselves Popular Constitutionalism and Judicial Review

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Book Details :
Published on: 2004-06-10
Released on:
Original language: German, English

The United States Constitution is the foundation of the longest and most successful democratic experiment in modern human history. It serves not only as legal bedrock for the world's most powerful nation-state, but also, more broadly, it reflects that nation's fundamental aspirations and commitments as a society. Who then has the authority to interpret a blueprint of such extraordinary influence Americans have come to treat the Constitution as something beyond their competence, something whose meaning should be decided by judges, assisted by a cadre of trained lawyers and academics. Yet this submission to a lawyerly elite is a radical and troublesome departure from what was originally the case. For America's founding generation celebrated the central role of "the people" in supplying government with its energy and direction. In this groundbreaking interpretation of America's founding and its concept of constitutionalism, Larry Kramer reveals how the first generations of Americans fought for and gave birth to a very different system from our current one and held a very different understanding of citizenship from that of most Americans today. "Popular sovereignty" was more than an empty abstraction, more than a mythic philosophical justification for government, and the idea of "the people" was more than a flip rhetorical gesture to be used on the campaign trail. Ordinary Americans exercised active control and sovereignty over their Constitution. The constitutionality of governmental action met with vigorous public debate in struggles whose outcomes might be greeted with celebratory feasts and bonfires, or with belligerent resistance. The Constitution remained, fundamentally, an act of popular will: the people's charter, made by the people. And it was "the people themselves" who were responsible for seeing that it was properly interpreted and implemented. With this book, Larry Kramer vaults to the forefront of constitutional theory and interpretation. In the process, he rekindles the original spark of "We, the People," inviting every citizen to join him in reclaiming the Constitution's legacy as, in Franklin D. Roosevelt's words, "a layman's instrument of government" and not "a lawyer's contract." Locke's Political Philosophy (Stanford Encyclopedia of ... 1. Natural Law and Natural Rights. Perhaps the most central concept in Locke's political philosophy is his theory of natural law and natural rights. McIlwain: Constitutionalism: Ancient and Modern CHAPTER III. The Constitutionalism of Rome and Its Influence. THE OFTENER I survey the whole history of constitutionalism the more I am impressed with the ... Trump and the Constitution [updated with some additional ... Some conservatives who otherwise have little use for Donald Trump console themselves with the thought that he might at least appoint good judges to the federal courts ... Democracy - Wikipedia Democracy (Greek: Dmokrata literally "rule of the commoners") in modern usage is a system of government in which the citizens exercise ... The Federalist 78 - Constitution Society The Federalist No. 78 The Judiciary Department Independent Journal Saturday June 14 1788 [Alexander Hamilton] To the People of the State of New York: Marbury v. Madison - Wikipedia Marbury v. Madison 5 U.S. 137 (1803) was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the ... Article III - Home - National Constitution Center Article III Judicial Branch. Signed in convention September 17 1787. Ratified June 21 1788. A portion of Article III Section 2 was changed by ... Judicial review legal definition of judicial review ... Judicial Review. A court's authority to examine an executive or legislative act and to invalidate that act if it is contrary to constitutional principles. Democratic Constitutionalism - National Constitution Center The Constitution is the law of lawmaking. It structures and limits the powers of government. Sometimes the Constitution speaks in precise and unambiguous terms. Judicial Innovation Or Schizophrenia? A Survey Of Emerging ... m ain theme: making and breaking the law: justice in the wake of disobedience and judicial cowardice. judicial innovation or schizophrenia? a survey of emerging ...
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