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Judicial Review and American Democracy
By Albert P. Melone and George Mace
2004/09 - Beard Books
1587982390 - Paperback - Reprint - 296 pp.
US$34.95
This book is a good starting point for anyone interested in a fresh look at
an old and endlessly debated subject, that of judicial review.
Publisher Comments
Stemming from the long-standing debate about the proper role and function of the Supreme Court, this enlightening and well-researched book sets forth a basis for the reader to assess the Court's role in shaping constitutional law, principles, and doctrines. The underlying issues are whether judicial review is a usurpation of power and whether it is consistent or compatible with democratic theory. Varying and often contradictory positions are explored. The questions of usurpation and compatibility are very difficult to resolve, and different people may reach different conclusions. Persons interested in the judicial process, the law, and politics will find this book balanced and informative.
From Presidential Studies Quarterly:
The authors have produced a valuable and fresh look at an old and endlessly-debated subject...It presents the debate in an informed, contemporary, and lucid manner.
From Michigan Law Review:
The book is a strong starting point for anyone interested in the rudiments of judicial review. A second and more compelling value of the book lies in its thematic organization...The book also presents an historical perspective which leads to a fuller understanding of these
issues.
Albert P. Melone is a professor of political science at Southern Illinois University at Carbondale. He has been on the faculty since 1979. Prior to this, he taught at Idaho State University and was then a member and chairperson of the Department of Political Science at North Dakota State University. Melone is the author, co-author, and editor of eleven books. He has also written numerous scholarly articles, book chapters, encyclopedia pieces, and book reviews.
George Mace is emeritus faculty from Southern Illinois University at Carbondale and presently a faculty member at John A. Logan College, Carterville, Illinois. Mace is internationally published, and is a world renowned scholar highly regarded for his studies in western political and legal theory, democratic theory, and American constitutional history.
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Preface |
xi |
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Notes: An Explanation |
xiv |
I. Judicial Review and
American Government |
1. |
Introduction |
3 |
2. |
The Historic Role of the Supreme Court as Interpreter of the
Constitution |
9 |
3. |
The Scope of Judicial Review |
21 |
4. |
Marbury v. Madison: The Historical and Political Setting |
37 |
5. |
The Opinion |
49 |
|
Marbury v. James Madison, Secretary of State of
the United States |
55 |
II. The Usurpation Question |
6. |
The Classic Rebuttal |
67 |
|
Eakin v. Raub |
69 |
7. |
Thayer on Restraint |
76 |
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James B. Thayer, "The Origin and Scope of the American
Doctrine of Constitutional Law" |
78 |
8. |
In Defense of Judicial Review |
102 |
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Horace H. Lurton, "A Government of Law or a Government
of Men?" |
104 |
9. |
Justice Lurton Rebutted |
118 |
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L.B. Boudin, "Government by Judiciary" |
120 |
10. |
The Answer: Judicial Review and the Framers' Intent |
145 |
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Charles A. Beard. :The Supreme Court -- Usurper or
Grantee?" |
148 |
III. The Compatibility Question |
11. |
An Antifederalist View of the Undemocratic Nature of the
Judiciary |
177 |
|
Robert Yates, "Letters of Brutus: XI" |
179 |
|
Robert Yates, "Letters of Brutus: XII" |
184 |
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Robert Yates, "Letters of Brutus: XV" |
189 |
12. |
The Judiciary as a Barrier to Encroachments of
Representative Bodies |
195 |
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Alexander Hamilton, "Federalist 78" |
198 |
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Alexander Hamilton, "Federalist 81" |
204 |
13. |
Judicial Review as a Democratic Institution |
208 |
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Eugene V. Rostow. "The Democratic Character of Judicial
Review" |
210 |
14. |
The Antidemocratic Nature of Judicial Review and a Good
Democracy |
236 |
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George Mace. "The Democratic Compatibility of Judicial
Review" |
237 |
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Albert P. Melone. "Limiting Supreme Court
Jurisdiction" |
253 |
15. |
Judicial Review and Public Awareness |
257 |
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Albert P. Melone. "A Political Scientist Writes in
Defense of The Brethren" |
261 |
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Bibliography |
269 |
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Index |
279 |
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