People Themselves Popular Constitutionalism and Judicial Review

ISBN-10: 0195306457
ISBN-13: 9780195306453
Edition: 2004
Authors: Larry D. Kramer
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Description: 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  More...

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Book details

List price: $28.95
Copyright year: 2004
Publisher: Oxford University Press, Incorporated
Publication date: 12/8/2005
Binding: Paperback
Pages: 376
Size: 5.50" wide x 8.50" long x 0.75" tall
Weight: 1.100
Language: English

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 constitutionalmeaning 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 wasactive not abstract.

Born in Buenos Aires in 1942, Ariel Dorfman is a Chilean citizen. A supporter of Salvador Allende, he was forced into exile and has lived in the United States for many years. Since writing his legendary essay, "How to Read Donald Duck", Dorfman has built up an impressive body of work that has translated into more than thirty languages. Besides poetry, essays and novels--"Hard Rain" (Readers International, 1990), winner of the Sudamericana Award; "Widows" (Pluto Press, 1983); "The Last Song of Manuel Sendero" (Viking, 1987); "Mascara" (Viking, 1988); "Konfidenz" (Farrar, Straus, Giroux, 1995)--he has written plays, including "Death and the Maiden", and produced in ninety countries. He has won various international awards, including two Kennedy Center Theatre Awards. With his son, Rodrigo, he received an award for best television drama in Britain for "Prisoners of Time" in 1996. A professor at Duke University, Dorfman lives in Durham, North Carolina.

Introduction - Popular Constitutionalism
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 2004
Epilogue - Judicial Review Without Judicial Supremacy

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