search for books and compare prices
Tables of Contents for Popular Government and the Supreme Court
Chapter/Section Title
Page #
Page Count
Acknowledgments
ix
Introduction
1
6
PART I. THEORETICAL FOUNDATIONS OF THE CONSTITUTION
7
84
Constitutional Antecedents: The Doctrines of Natural Right, Natural Law, and Separation of Powers
11
21
Thomas Hobbes
John Locke
Montesquieu
The Declaration of Independence
The Constitution, The Federalist, and Constitutional Principles
32
32
Natural Rights and the Constitution
The Bill of Rights
Democracy, Representation, and The Federalist
Separation of Powers
Enumerated Powers and Federalism
The Role of the Judiciary
64
27
The Federalist and Judicial Power
Early Debates on Judicial Review
Summary of Theorists and Historical Materials
Marbury v. Madison
PART II. CONTEMPORARY CONSTITUTIONAL COMMENTARY
91
186
The Concept of Rights and Natural Law as Fundamental Constitutional Principles
97
43
A Theoretical Approach to Rights
Ronald Dworkin
Judicial Reform under a Written Constitution
Archibald Cox
Property Rights and Human Rights
140
21
Property Rights and Judicial Activism
Richard A. Epstein
Constitutional Aspiration and Judicial Prophecy
Michael Perry
Conclusion
140
21
Representation and Democratic Theory in the Constitution
161
42
The Constitution as Process
John Hart Ely
Interpretivism, Democracy, and the Constitution's Original Understanding
Robert Bork
Separation of Powers, Federalisms, and Other Institutional Considerations
203
35
The Doctrine of Judicial Restraint and Institutional Considerations
Philip B. Kurland
Constitutional Evolution and Institutional Considerations
Laurence Tribe
Rejection of the Constitution and Liberal Theory
238
39
Critical Legal Studies
Mark Tushnet
Feminism Unmodified as a Theory of the State
Catharine MacKinnon
Epilogue
277
8
Notes
285
56
Bibliography
341
10
Index
351