The Constitution in Conflict
by Burt, Robert A
- Used
- first
- Condition
- very good, good
- ISBN 10
- 0674165365
- ISBN 13
- 9780674165366
- Seller
-
Silver Spring, Maryland, United States
Payment Methods Accepted
About This Item
Cambridge, MA: The Belknap Press of Harvard, 1992. First Edition. First Printing. very good, good. 462, footnotes, notes, works cited, index, small tear and chip in front DJ. In a remarkably innovative reconstruction of Constitutional history, Burt traces the controversy over judicial supremacy back to the founding fathers, with Madison and Hamilton as the principal antagonists. The conflicting views these founders espoused--equal interpretive powers among the federal branches on one hand and judicial supremacy on the other--remain plausible readings of "original intent" and so continue to present us with a choice. Drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The proper task of the judiciary, he contends--as epitomized in Brown v. Board of Education--is to actively protect minorities against "enslaving" legislative defeats while, at the same time, to refrain from awarding conclusive "victory" to these minorities against their adversaries. From this premise, Burt goes on to examine key decisions such as Roe v. Wade, U.S. v. Nixon, and the death penalty cases, all of which demonstrate how the Court has fallen away from egalitarian jurisprudence and returned to anessentially authoritarian conception of its role.
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Details
- Bookseller
- Ground Zero Books (US)
- Bookseller's Inventory #
- 43166
- Title
- The Constitution in Conflict
- Author
- Burt, Robert A
- Book Condition
- Used - very good, good
- Quantity Available
- 1
- Edition
- First Edition. First Printing
- Binding
- Hardcover
- ISBN 10
- 0674165365
- ISBN 13
- 9780674165366
- Publisher
- The Belknap Press of Harvard
- Place of Publication
- Cambridge, MA
- Date Published
- 1992
- Keywords
- Constitutional Law, Civil Rights, Supreme Court, Judicial Review, Death Penalty, Equality, Roe v. Wade, Abortion, Judicial Supremacy
Terms of Sale
Ground Zero Books
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About the Seller
Ground Zero Books
Biblio member since 2005
Silver Spring, Maryland
About Ground Zero Books
Founded and operated by trained historians, Ground Zero Books, Ltd., has for over 30 years served scholars, collectors, universities, and all who are interested in military and political history.
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Much of our diverse stock is not yet listed on line. If you can't locate the book or other item that you want, please contact us. We may well have it in stock. We welcome your want lists, and encourage you to send them to us.
Glossary
Some terminology that may be used in this description includes:
- First Edition
- In book collecting, the first edition is the earliest published form of a book. A book may have more than one first edition in...