
The Democratic Constitution, 2nd Edition
Oxford University Press Inc
2nd Edition
Published on 8. October 2015
Book
Paperback/Softback
368 pages
978-0-19-991654-2 (ISBN)
Description
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts.
This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Reviews / Votes
In a discussion that ranges from review of the Supreme Court's decisions on federalism and war powers to speech, religion, race, and separation of powers, the authors ably demonstrate how constitutional interpretation is a dialogue among the judiciary, Congress, and the president, with the latter two often either acquiescing in judicial supremacy for political reasons or choosing to ignore it for the same. This is an excellent supplement for collections on law, the Supreme Court, and national politics. * Choice * Few surpass Devins and Fisher in the scrupulousness and comprehensiveness of their knowledge of the constitutional text, as well as of the ways in which, over the course of American history, the meaning of the text has been parsed, separately and conjunctively, by the Court, the Congress, and the executive branch.... a model for the way they believe constitutional questions should be discussed.... The author's historical knowledge is deep enough for them to have seen it all. * The Law and Politics Book Review * ...well-suited for use as a supplementary graduate text...packed with useful information. For those who still assume that our Constitution only lives in Supreme Court opinions, the book will be an eye-opening corrective. * Perspectives on Politics *More details
Edition
2nd Revised edition
Language
English
Place of publication
New York
United States
Target group
College/higher education
Edition type
Revised edition
Dimensions
Height: 229 mm
Width: 152 mm
Thickness: 21 mm
Weight
581 gr
ISBN-13
978-0-19-991654-2 (9780199916542)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

Neal Devins | Louis Fisher
The Democratic Constitution, 2nd Edition
E-Book
10/2015
2nd Edition
OUP eBook
€36.99
Available for download

Neal Devins | Louis Fisher
The Democratic Constitution, 2nd Edition
E-Book
09/2015
2nd Edition
OUP eBook
€36.99
Available for download
Persons
Neal Devins, Goodrich Professor of Law, Professor of Government, Director, Institute of Bill of Rights Law and Director, Election Law Program, William and Mary
Louis Fischer, Senior Specialist in Separation of Powers, Congressional Research Service
Louis Fischer, Senior Specialist in Separation of Powers, Congressional Research Service
Author
Professor of Law and GovernmentProfessor of Law and Government, William and Mary
Senior Specialist in Separation of PowersSenior Specialist in Separation of Powers, Congressional Research Service
Content
Preface ; Introduction ; 1. Judicial Supremacy as Orthodoxy ; 2. Who Participates? ; 3. Federalism ; 4. Separation of Powers ; 5. The War Power ; 6. Privacy ; 7. Race ; 8. Speech ; 9. Religion ; 10. The Ongoing Dialogue ; Notes ; Case Index ; Subject Index