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Full Description
Who has the final say on the meaning of the Constitution? From high school to law school, students learn that the framers designed the Supreme Court to be the ultimate arbiter of constitutional issues, a function Chief Justice John Marshall recognized in deciding Marbury v. Madison in 1803.
This provocative work challenges American dogma about the Supreme Court's role, showing instead that the founding generation understood judicial power not as a counterweight against popular government, but as a consequence, and indeed a support, of popular sovereignty. Contending that court power must be restrained so that policy decisions are left to the people's elected representatives, this study offers several remedies--including term limits and popular selection of the Supreme Court--to return the American people to their proper place in the constitutional order.
Contents
Table of Contents
Foreword by William J. Quirk
Preface
1. The Divinely Anointed Stuarts
2. Civil War, Restoration, and Revolution
3. Rethinking Sovereignty
4. Sovereignty and the Courts
5. Jefferson, Marshall, and Marbury
6. Curbing the Courts
Appendix A: The Agreement of the People, as Presented to the Council of the Army (October 28, 1647)
Appendix B: Kamper v. Hawkins (November 16, 1793)
Appendix C: Abbreviations Used in the Notes and Bibliography
Notes
Bibliography
Index
