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The People Themselves : Popular Constitutional
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Located in: Andover, Massachusetts, United States
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eBay item number:266570628733
Item specifics
- Condition
- Publication Name
- Oxford University Press, Incorporated
- ISBN
- 9780195306453
About this product
Product Identifiers
Publisher
Oxford University Press, Incorporated
ISBN-10
0195306457
ISBN-13
9780195306453
eBay Product ID (ePID)
48655846
Product Key Features
Book Title
People Themselves : Popular Constitutionalism and Judicial Review
Number of Pages
376 Pages
Language
English
Topic
Constitutional, Judicial Power, Political Ideologies / Democracy, United States / General
Publication Year
2005
Genre
Law, Political Science, History
Format
Perfect
Dimensions
Item Height
0.8 in
Item Weight
17.5 Oz
Item Length
8.9 in
Item Width
7 in
Additional Product Features
Intended Audience
Trade
LCCN
2003-020734
Dewey Edition
22
TitleLeading
The
Reviews
"...masterful opening chapters...deserves great praise for his detailed historical research, which recaptures the flavor of early constitutionalism and its deep connection with an active and spirited American people. He also deserves great praise for untangling the different conceptions of"constitution" floating around and rendering that understanding easily accessible to a modern audience...a provocative and original analysis of American constitutionalism that will command a wide audience."--Perspectives on Politics, "A serious, provocative meditation on what kind of legitimacy the Supreme Court ought to have in a constitutional democracy. Kramer forces us to take seriously the possibility that Supreme Court Justices are no better than we are at deciding matters of fundamental moral and political concernwe should thank Kramer for forcing us to take a hard look at the undeniable social costs of judicial review."--Law and Politics Book Review "A major achievement...it will be ignored at the peril of anyone who seeks to understand constitutional history is future politics"--American Historical Review "...masterful opening chapters...deserves great praise for his detailed historical research, which recaptures the flavor of early constitutionalism and its deep connection with an active and spirited American people. He also deserves great praise for untangling the different conceptions of "constitution" floating around and rendering that understanding easily accessible to a modern audience...a provocative and original analysis of American constitutionalism that will command a wide audience."--Perspectives on Politics "Mr. Kramer is to be applauded for reminding us that courts do not enjoy a monopoly on the Constitution's true meaning and that senators and presidents alike should take the Constitution seriously in the confirmation process and at other times as well."--The Wall Street Journal "Offers a fresh way of viewing the origins and limits of judicial review.The People Themselveschallenges conventional constitutional jurisprudence and conventional constitutional history with a deeply researched historical pedigree for popular refusal to accept the Supreme Court's usurping title to the people's document."--The New York Review of Books "Larry Kramer explains one of the great mysteries of modern America--why for 40 years, have the freest people in the world been powerless to stop courts of appointed lawyers from eroding their freedoms'.... a manual on how the American people can legitimately exercise their historic right to create what he calls popular constitutionalism."--Newt Gingrich,The New York Post "Rarely since Edmund Burke's 'Speech on Conciliation with America' in 1774 has the legal dimension of the American Revolution been understood with such precision and presented with such conviction."--First Things "Kramer has marshaled an impressive array of evidence and has made a thorough survey of modern scholarship to build his case for what he calls 'popular constitutionalism.'"--First Things "An instructive tour through the early history of American constitutionalism."--National Review, "Offers a fresh way of viewing the origins and limits of judicial review. The People Themselves challenges conventional constitutional jurisprudence and conventional constitutional history with a deeply researched historical pedigree for popular refusal to accept the Supreme Court's usurpingtitle to the people's document."--The New York Review of Books, "Larry Kramer's important project offers a refeshing challenge to thehackneyed story that places John Marshall and Marbury v. Madison at the centerof the history of constitutional interpretation. Kramer restores to ourhistorical understanding a lost world of popular constitutionalism, where theresolution of fundamental issues was regarded not as the private property ofcourts and judges but of the people themselves. And I cannot think of a bettermoment for such a challenge, because we live in an era when doubtful claims forthe ultimate authority of the Supreme Court on all matters constitutional areagain being heard in the land."--Jack Rakove, author of Original Meanings, "Mr. Kramer is to be applauded for reminding us that courts do not enjoy a monopoly on the Constitution's true meaning and that senators and presidents alike should take the Constitution seriously in the confirmation process and at other times as well."--The Wall Street Journal, "A serious, provocative meditation on what kind of legitimacy the Supreme Court ought to have in a constitutional democracy. Kramer forces us to take seriously the possibility that Supreme Court Justices are no better than we are at deciding matters of fundamental moral and political concernwe should thank Kramer for forcing us to take a hard look at the undeniable social costs of judicial review."--Law and Politics Book Review "A major achievement...it will be ignored at the peril of anyone who seeks to understand constitutional history is future politics"--American Historical Review "...masterful opening chapters...deserves great praise for his detailed historical research, which recaptures the flavor of early constitutionalism and its deep connection with an active and spirited American people. He also deserves great praise for untangling the different conceptions of "constitution" floating around and rendering that understanding easily accessible to a modern audience...a provocative and original analysis of American constitutionalism that will command a wide audience."--Perspectives on Politics "Mr. Kramer is to be applauded for reminding us that courts do not enjoy a monopoly on the Constitution's true meaning and that senators and presidents alike should take the Constitution seriously in the confirmation process and at other times as well."--The Wall Street Journal "Offers a fresh way of viewing the origins and limits of judicial review. The People Themselves challenges conventional constitutional jurisprudence and conventional constitutional history with a deeply researched historical pedigree for popular refusal to accept the Supreme Court's usurping title to the people's document."--The New York Review of Books "Larry Kramer explains one of the great mysteries of modern America--why for 40 years, have the freest people in the world been powerless to stop courts of appointed lawyers from eroding their freedoms?.... a manual on how the American people can legitimately exercise their historic right to create what he calls popular constitutionalism."--Newt Gingrich, The New York Post "Rarely since Edmund Burke's 'Speech on Conciliation with America' in 1774 has the legal dimension of the American Revolution been understood with such precision and presented with such conviction."--First Things "Kramer has marshaled an impressive array of evidence and has made a thorough survey of modern scholarship to build his case for what he calls 'popular constitutionalism.'"--First Things "An instructive tour through the early history of American constitutionalism."--National Review, "Kramer has marshaled an impressive array of evidence and has made a thorough survey of modern scholarship to build his case for what he calls 'popular constitutionalism.'"--First Things, "Larry Kramer explains one of the great mysteries of modern America--why for 40 years, have the freest people in the world been powerless to stop courts of appointed lawyers from eroding their freedoms'.... a manual on how the American people can legitimately exercise their historic right tocreate what he calls popular constitutionalism."--Newt Gingrich, The New York Post, "Rarely since Edmund Burke's 'Speech on Conciliation with America' in 1774 has the legal dimension of the American Revolution been understood with such precision and presented with such conviction."--First Things, "A serious, provocative meditation on what kind of legitimacy the Supreme Court ought to have in a constitutional democracy. Kramer forces us to take seriously the possibility that Supreme Court Justices are no better than we are at deciding matters of fundamental moral and political concernwe should thank Kramer for forcing us to take a hard look at the undeniable social costs of judicial review."--Law and Politics Book Review "A major achievement...it will be ignored at the peril of anyone who seeks to understand constitutional history is future politics"--American Historical Review "...masterful opening chapters...deserves great praise for his detailed historical research, which recaptures the flavor of early constitutionalism and its deep connection with an active and spirited American people. He also deserves great praise for untangling the different conceptions of "constitution" floating around and rendering that understanding easily accessible to a modern audience...a provocative and original analysis of American constitutionalism that will command a wide audience."--Perspectives on Politics "Mr. Kramer is to be applauded for reminding us that courts do not enjoy a monopoly on the Constitution's true meaning and that senators and presidents alike should take the Constitution seriously in the confirmation process and at other times as well."--The Wall Street Journal "Offers a fresh way of viewing the origins and limits of judicial review. The People Themselves challenges conventional constitutional jurisprudence and conventional constitutional history with a deeply researched historical pedigree for popular refusal to accept the Supreme Court's usurping title to the people's document."--The New York Review of Books "Larry Kramer explains one of the great mysteries of modern America--why for 40 years, have the freest people in the world been powerless to stop courts of appointed lawyers from eroding their freedoms'.... a manual on how the American people can legitimately exercise their historic right to create what he calls popular constitutionalism."--Newt Gingrich, The New York Post "Rarely since Edmund Burke's 'Speech on Conciliation with America' in 1774 has the legal dimension of the American Revolution been understood with such precision and presented with such conviction."--First Things "Kramer has marshaled an impressive array of evidence and has made a thorough survey of modern scholarship to build his case for what he calls 'popular constitutionalism.'"--First Things "An instructive tour through the early history of American constitutionalism."--National Review, "A serious, provocative meditation on what kind of legitimacy the Supreme Court ought to have in a constitutional democracy. Kramer forces us to take seriously the possibility that Supreme Court Justices are no better than we are at deciding matters of fundamental moral and political concernwe should thank Kramer for forcing us to take a hard look at the undeniable social costs of judicial review."--Law and Politics Book Review"A major achievement...it will be ignored at the peril of anyone who seeks to understand constitutional history is future politics"--American Historical Review"...masterful opening chapters...deserves great praise for his detailed historical research, which recaptures the flavor of early constitutionalism and its deep connection with an active and spirited American people. He also deserves great praise for untangling the different conceptions of "constitution" floating around and rendering that understanding easily accessible to a modern audience...a provocative and original analysis of American constitutionalism that will command a wide audience."--Perspectives on Politics"Mr. Kramer is to be applauded for reminding us that courts do not enjoy a monopoly on the Constitution's true meaning and that senators and presidents alike should take the Constitution seriously in the confirmation process and at other times as well."--The Wall Street Journal"Offers a fresh way of viewing the origins and limits of judicial review. The People Themselves challenges conventional constitutional jurisprudence and conventional constitutional history with a deeply researched historical pedigree for popular refusal to accept the Supreme Court's usurping title to the people's document."--The New York Review of Books"Larry Kramer explains one of the great mysteries of modern America--why for 40 years, have the freest people in the world been powerless to stop courts of appointed lawyers from eroding their freedoms?.... a manual on how the American people can legitimately exercise their historic right to create what he calls popular constitutionalism."--Newt Gingrich, The New York Post"Rarely since Edmund Burke's 'Speech on Conciliation with America' in 1774 has the legal dimension of the American Revolution been understood with such precision and presented with such conviction."--First Things"Kramer has marshaled an impressive array of evidence and has made a thorough survey of modern scholarship to build his case for what he calls 'popular constitutionalism.'"--First Things"An instructive tour through the early history of American constitutionalism."--National Review, "A major achievement...it will be ignored at the peril of anyone who seeks to understand constitutional history is future politics"--American Historical Review, "Kramer has marshaled an impressive array of evidence and has made athorough survey of modern scholarship to build his case for what he calls'popular constitutionalism.'"--First Things, "This book is perhaps the most important work of constitutional theory andhistory in a generation."--Mark Tushnet, author of Taking the Constitution Awayfrom the Courts, "An intelligent and stimulating book. Unlike many law professors writinghistory, Kramer is very sensitive to context and differing historicalcircumstances. He offers an impressive and powerful argument for the origins ofjudicial review."--Gordon Wood, author of The Radicalism of the AmericanRevolution, "This book is perhaps the most important work of constitutional theory and history in a generation."--Mark Tushnet, author of Taking the Constitution Away from the Courts, "A serious, provocative meditation on what kind of legitimacy the Supreme Court ought to have in a constitutional democracy. Kramer forces us to take seriously the possibility that Supreme Court Justices are no better than we are at deciding matters of fundamental moral and politicalconcernwe should thank Kramer for forcing us to take a hard look at the undeniable social costs of judicial review."--Law and Politics Book Review
Dewey Decimal
342.73
Table Of Content
Introduction - Popular Constitutionalism1. In Substance, and in Principle, the Same as It Was Heretofore: The Customary Constitution2. A Rule Obligatory Upon Every Department: The Origins of Judicial Review3. The Power under the Constitution Will Always Be in the People: The Making of the Constitution4. Courts, as Well as Other Departments, Are Bound by That Instrument: Accepting Judicial Review5. What Every True Republican Ought to Depend On: Rejecting Judicial Supremacy6. Notwithstanding This Abstract View: The Changing Context of Constitutional Law7. To Preserve the Constitution, as a Perpetual Bond of Union: The Lessons of Experience8. A Layman's Document, Not a Lawyer's Contract: The Continuing Struggle for Popular Constitutionalism9. As An American: Popular Constitutionalism, Circa 2004Epilogue - Judicial Review Without Judicial Supremacy
Synopsis
The United States Constitution is the foundational document of the longest and most successful democratic experiment in modern human history. It not only serves as the legal bedrock for the world's most powerful nation-state but also, more broadly, reflects that nation's fundamental 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 somehow beyond the purview, even the competence, of the average American citizen. Only lawyers, judges, and academics are deemed fit to state what exactly the Constitution means. This elitist reliance on expert judgement is a radical and troublesome departure from the founding fathers' intent. America's Founding generation, in darling contrast, embraced a political ideology that celebrated the central role of the "the people" in supplying government with its energy and direction, an ideal that remained at all times in the forefront of their thinking-Federalist and Anti-Federalist alike. 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 birthed a very different system - and held a very different understanding of citizenship - than Americans believe to be the norm today. "Popular sovreignty" was no historical abstraction nor was the notion of "the people" invoked largely as a flip rhetorical convenience on the campaign trail. Important trials and the prospective passage of the influentional legislation such as the Alien Act - which granted a president the power to imprison or even deport immigrants - were met with vigorous public debate. The outcomes were greeted with celebratory feasts and bonfires, or riotous resistance. In short, Americans drew a clear parallel between the law and the lived reality of their daily existence. Theis self-sovreignty in law as much as politics was active not abstract. With this book, Larry Kramer vaults to the forefront of Constitutional interpretation. In the process, he rekindles the original spark of "we the people", inviting every citizen to join him in enlivening the seemingly deadened sensibilities that mark the relationship between Americans and their constitutional past, present, and future., This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves., 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.
LC Classification Number
KF4881.K73 2004
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- eBay automated feedback- Feedback left by buyer.Past monthOrder delivered on time with no issues
- p***i (706)- Feedback left by buyer.Past monthVerified purchaseQuick post, clean and well packed book. Thank you very much!
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