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Book Titles No access
Regulating Our Constitutional Rights
Democratic Rule or Judicial Fiat?
Authors:
Publisher:
2023
Summary
The author argues that we the people’s rights under the Constitution as amended cannot be characterized as “specific prohibitions” against government. Life, liberty, and property rights, and the freedoms of religion, speech, and press, for example, are neither self-defining nor precise. Accordingly, in our representative democracy, the unelected, unaccountable, life-tenured judges on the Supreme Court should defer to the laws of Congress affecting these rights absent a clear constitutional violation. But the modern conservative Court has become increasingly willing to overturn the laws and policy choices of our nation’s elected representatives based on the judges’ political and ideological preferences. Congress has the constitutional power to control the jurisdiction of the lower federal courts and the appellate jurisdiction of the Supreme Court, but it has not chosen to exercise this power in any meaningful way to preserve and protect the American people’s right to be governed by majoritarian rule
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Bibliographic data
Copyright year
2023
ISBN-Print
978-1-6669-3611-7
ISBN-Online
978-1-6669-3612-4
Publisher
Lexington, Lanham
Language
English
Pages
272
Product type
Book Titles
Table of contents
ChapterPages
Contents No access
Introduction No access Pages 1 - 8
Should We Reform the Role and Operation of the Court? No access Pages 9 - 24
The Drafting and Ratification of Our Constitution No access Pages 25 - 46
The Original Meaning of the Bill of Rights No access Pages 47 - 70
The Original Meaning of the Fourteenth Amendment No access Pages 71 - 98
