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The Political Constitution : The Case Against Judicial Supremacy

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Title: The Political Constitution : The Case Against Judicial Supremacy
Description: Who should decide what is constitutional? The Supreme Court, of course, both liberal and conservative voices say—but in a bracing critique of the “judicial engagement” that is ascendant on the legal right, Greg Weiner makes a cogent case to the contrary. His book, The Political Constitution, is an eloquent political argument for the restraint of judicial authority and the return of the proper portion of constitutional authority to the people and their elected representatives. What Weiner calls for, in short, is a reconstitution of the political commons upon which a republic stands.At the root of the word “republic” is what Romans called the res publica, or the public thing. And it is precisely this—the sense of a political community engaging in decisions about common things as a coherent whole—that Weiner fears is lost when all constitutional authority is ceded to the judiciary. His book calls instead for a form of republican constitutionalism that rests on an understanding that arguments about constitutional meaning are, ultimately, political arguments. What this requires is an enlargement of the res publica, the space allocated to political conversation and a shared pursuit of common things. Tracing the political and judicial history through which this critical political space has been impoverished, The Political Constitution seeks to recover the sense of political community on which the health of the republic, and the true working meaning of the Constitution, depends.
Authors: Greg Weiner
Resource Type: eBook.
Subjects: Judicial review--United States, Delegation of powers--United States, Political questions and judicial power--United States, Judicial power--United States
Categories: POLITICAL SCIENCE / American Government / Judicial Branch, HISTORY / United States / General, POLITICAL SCIENCE / Constitutions
Database: eBook Collection (EBSCOhost)
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  Data: The Political Constitution : The Case Against Judicial Supremacy
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  Data: Who should decide what is constitutional? The Supreme Court, of course, both liberal and conservative voices say—but in a bracing critique of the “judicial engagement” that is ascendant on the legal right, Greg Weiner makes a cogent case to the contrary. His book, The Political Constitution, is an eloquent political argument for the restraint of judicial authority and the return of the proper portion of constitutional authority to the people and their elected representatives. What Weiner calls for, in short, is a reconstitution of the political commons upon which a republic stands.At the root of the word “republic” is what Romans called the res publica, or the public thing. And it is precisely this—the sense of a political community engaging in decisions about common things as a coherent whole—that Weiner fears is lost when all constitutional authority is ceded to the judiciary. His book calls instead for a form of republican constitutionalism that rests on an understanding that arguments about constitutional meaning are, ultimately, political arguments. What this requires is an enlargement of the res publica, the space allocated to political conversation and a shared pursuit of common things. Tracing the political and judicial history through which this critical political space has been impoverished, The Political Constitution seeks to recover the sense of political community on which the health of the republic, and the true working meaning of the Constitution, depends.
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      – Code: 342.730412
        Scheme: ddc
        Type: prePub
    Languages:
      – Code: eng
        Text: English
    Subjects:
      – SubjectFull: Judicial review--United States
        Type: general
      – SubjectFull: Delegation of powers--United States
        Type: general
      – SubjectFull: Political questions and judicial power--United States
        Type: general
      – SubjectFull: Judicial power--United States
        Type: general
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      – TitleFull: The Political Constitution : The Case Against Judicial Supremacy
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            NameFull: Greg Weiner
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          Dates:
            – D: 01
              M: 01
              Type: published
              Y: 2019
            – D: 30
              M: 07
              Type: profile
              Y: 2025
          Identifiers:
            – Type: isbn-print
              Value: 9780700628377
            – Type: isbn-electronic
              Value: 9780700628384
          Titles:
            – TitleFull: The Political Constitution : The Case Against Judicial Supremacy
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