アメリカ憲法にみる３つのサイクル The Cycles of Constitutional Time

著者名：Balkin, Jack M.

Oxford University Press（2020/08/01発売）

• 言語：ENG
• ISBN：9780197530993
• eISBN：9780197531013

Description

What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end of the Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of what he calls "constitutional rot." In fact, when people talk about constitutional crisis, Balkin explains, they are usually describing constitutional rot--the historical process through which republics become less representative and less devoted to the common good. Brought on by increasing economic inequality and loss of trust, constitutional rot threatens our constitutional system.But Balkin offers a message of hope: We have been through these cycles before, and we will get through them again. He describes what our politics will look like as polarization lessens and constitutional rot recedes. Balkin also explains how the cycles of constitutional time shape the work of the federal courts and theories about constitutional interpretation. He shows how the political parties have switched sides on judicial review not once but twice in the twentieth century, and what struggles over judicial review will look like in the coming decades. Drawing on literatures from history, law, and political science, this is a fascinating ride through American history with important lessons for the present and the future.

Table of Contents

Part OneUnderstanding the Cycles of Constitutional TimeChapter One: The Recent UnpleasantnessA. Thinking in Terms of CyclesB. The Framework of the ArgumentChapter Two: The Cycle of RegimesA. Where Are We in Political Time?B. The Waning of Poltical TimeC. Trump as the Great Reviver?Chapter Three: The Cycle of PolarizationA. The Long Cycle of PolarizationB. Polarization in the Reagan RegimeC. Is Polarization Permanent?Chapter Four: Constitutional CrisisChapter Five: The Cycle of Constitutional Rot and RenewalA. Republican InsuranceB. The Four Horsemen of Constitutional RotC. The Political Economy of Republican GovernmentD. Constitutional Rot Produces DemagoguesE. A Demagogue for Our TimesF. The Acceleration of Constitutional RotG. The Bad News--and the Good NewsPart TwoThe Cycles of Judicial ReviewChapter Six: Judicial Review in the Cycles of Constitutional TimeA. Judicial timeB. The political supports for judicial reviewC. Partisan entrenchment: judicial review and the party systemChapter Seven: How the Rise and Fall of Regimes affects Judicial ReviewA. Three questions about judicial reviewB. Judicial review in the life-cycle of a political regimeC. The causes of changeD. Judicial review on the cusp of a new regimeChapter Eight: The Role of Constitutional Theory in the Cycle of RegimesA. The cycle of regimes and living constitutionalismB. The cycle of regimes and originalismC. The return of liberal skepticism about judicial reviewD. Looking aheadChapter Nine: How Cycles of Polarization and Depolarization Shape the Exercise of Judicial ReviewA. The judiciary in a depolarized worldB. The changing audience for judgesC. The end of elite consensusD. The breakdown of the Carolene Products modelE. The collapse of the distinction between high and low politicsF. Disciplining "outliers" makes less senseG. The federal judiciary as policy vanguardH. The stakes of judicial appointments in a polarized worldChapter Ten: Law in the Time of Constitutional RotA. Courts and party politics in an age of constitutional rotB. Polarization limits judges' abilities to recognize and halt constitutional rotC. Judicial decisions can exacerbate constitutional rot by increasing economic inequalityD. Rot increases as courts become the policy vanguardE. Rot generates constitutional hardball, which further undermines trust in the courtsF. Courts cannot protect democracy because they do not agree about what it isG. Constitutional rot generates a "reverse-Carolene Products" effectChapter Eleven: Judicial Politics and Judicial ReformA. Judicial politics in the next regimeB. Reforming the Supreme CourtPart Three:ConclusionChapter Twelve: The Turn of the CyclesA. How Polarization Leads to DisjunctionB. A New Regime without a Social Movement PartyC. The New Party ConfigurationD. The Limits of a Cosmopolitan PartyE. How Constitutional Rot EndsAcknowledgmentsIndex