To Save the People from Themselves

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 ...

 To Save the People from Themselves

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.

More Books:

'To Save the People from Themselves'
Language: en
Pages:
Authors: Robert J. Steinfeld
Categories: History
Type: BOOK - Published: 2021-09-30 - Publisher: Cambridge University Press

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
Letters, Addressed to the People of the United States
Language: en
Pages: 70
Authors: William John Duane
Categories: Banks and banking
Type: BOOK - Published: 1834 - Publisher:

Books about Letters, Addressed to the People of the United States
The People Themselves
Language: en
Pages: 363
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.
The Paradoxes of Freedom
Language: en
Pages: 152
Authors: Sidney Hook
Categories: Civil rights
Type: BOOK - Published: 1962 - Publisher: Univ of California Press

Books about The Paradoxes of Freedom
Narrative and Correspondence Concerning the Removal of the Deposites
Language: en
Pages: 176
Authors: William John Duane
Categories: Government financial institutions
Type: BOOK - Published: 1838 - Publisher:

Books about Narrative and Correspondence Concerning the Removal of the Deposites