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That Eminent Tribunal
Author: Christopher Wolfe

ISBN: 9780691116686
Format: Paperback
Number Of Pages: 256
Published: 1 August 2004
Country of Publication: US
Dimensions (cm): 22.9 x 15.2 x 1.4
Description:


The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic process?

"That Eminent Tribunal" brings together a distinguished group of legal scholars and political scientists who argue that the Court's power has exceeded its appropriate bounds, and that sound republican principles require greater limits on that power. They reach this conclusion by an interesting variety of paths, and despite varied political convictions.

Some of the essays debate the explicit claims to constitutional authority laid out by the Supreme Court itself in "Planned Parenthood v. Casey" and similar cases, and others focus on the defenses of judicial authority found commonly in legal scholarship (e.g., the allegedly superior moral reasoning of judges, or judges' supposed track record of superior political decision making). The authors find these arguments wanting a...

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