The people themselves : popular constitutionalism and judicial review
Examines the distinct difference between how the people and the founding fathers viewed the new Constitution and how it is interpreted over two hundred years later and maintains that originally the people were the ones responsible for seeing that its concepts were properly implemented
xii, 363 pages ; 25 cm
9780195169188, 9780195306453, 0195169182, 0195306457
53059010
In substance, and in principle, the same as it was heretofore : the customary constitution
A rule obligatory upon every department : the origins of judicial review
The power under the constitution will always be in the people : the making of the constitution
Courts, as well as other departments, are bound by that instrument : accepting judicial review
What every true republican ought to depend on : rejecting judicial supremacy
Notwithstanding this abstract view : the changing context of constitutional law
To preserve the constitution, as a perpetual bond of union : the lessons of experience
A layman's document, not a lawyer's contract : the continuing struggle for popular constitutionalism
As an American : popular constitutionalism, circa 2003
Epilogue : judicial review without judicial supremacy