To Save the People from Themselves

Release on 2021-09-30 | by Robert J. Steinfeld

Finally, the constitution expressly stated that it was to “be a part of the laws of the land,”38 arguably moving it from the realm of fundamental “political law”39 (appropriate only for the people themselves to enforce against their ...

Author: Robert J. Steinfeld
Publisher: Cambridge University Press
ISBN: 9781108995986
Category: History
Page:
View: 446

In this expansive history, Robert J. Steinfeld offers a thorough re-interpretation of the origins of American judicial review and the central role it quickly came to play in the American constitutional system. Beginning with Privy Council review of American colonial legislation, the book goes on to provide detailed descriptions of the character of the first American constitutions, showing that they drew heavily on traditional Anglo/American constitutional assumptions, which treated legislatures as the primary interpreters of constitutions. Steinfeld then expertly analyses the central role lawyers and judges played in transforming these assumptions, creating the practice and doctrine of American judicial review in a half dozen state cases during the 1780s. The book concludes by showing that the ideas formulated during those years shaped critical decisions taken by the Constitutional Convention of 1787, which turned the novel practice into a permanent, if still deeply controversial, feature of the American constitutional system.

Language: en
Pages:

'To Save the People from Themselves'

Authors: Robert J. Steinfeld

Categories: History

Type: BOOK - Published: 2021-09-30 - Publisher: Cambridge University Press

Language: en
Pages: 70

Letters, Addressed to the People of the United States

Authors: William John Duane

Categories: Banks and banking

Type: BOOK - Published: 1834 - Publisher:

Books about Letters, Addressed to the People of the United States

Language: en
Pages: 363

The People Themselves

Authors: Larry Kramer

Categories: Law

Type: BOOK - Published: 2004 - Publisher: Oxford University Press, USA

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.