(Source: Rowman & Littlefield)
Rowman &
Littlefield is publishing a book on the history of several constitutional
clauses as interpreted in particular by the Rehnquist Court.
ABOUT THE BOOK
The Founding
Fathers wrote the Constitution at a level sufficiently general to guide
lawmaking while avoiding great detail. This four-page document has guided the
United States of America for more than two centuries. The Supreme Court has
parsed the document into clauses, which plaintiffs and defendants invoke in
cases or controversies before the Court. Some, like the Interstate Commerce
Clause, are central to the survival of a government of multiple sovereignties.
The practice of observing case precedents allows orderly development of the law
and consistent direction to the lower courts. The Court itself claimed the
final power of judicial review, despite efforts to the contrary by the
executive and legislative branches of the national government and the state
supreme courts. The Court then limited its own awesome power through a series
of self-imposed rules of justiciability. These rules set the conditions under
which the Court may exercise the extraordinary final power of judicial review.
Some of these self-imposed limits are prudential, some logical, and some
inviting periodic revision. This book examines the detailed unfolding of
several Constitutional clauses and the rules of justiciability. For each clause
and each rule of justiciability, the book begins with the brilliant foundations
laid by Chief Justice John Marshall, then to the anti-Federalist era, the Civil
War, the dominance of laissez faire and social Darwinism, the Great Depression
redirection, the civil rights era, and finally the often-hapless efforts of
Chief Justice Rehnquist
ABOUT THE AUTHOR
Steven T.
Seitz is associate professor of political
science at University of Illinois at
Urbana–Champaign.
TABLE
OF CONTENTS
Preface
Chapter 1: State Sovereignty
Chapter 2: Full Faith and Credit
Chapter 3: Privileges and Immunities
Chapter 4: Interstate Commerce Clause
Chapter 5: The Administrative State
Chapter 5: The Administrative State
Chapter 6: Justiciability and Habeas Corpus
Chapter 7: Standing, Ripeness, Political
Question
Chapter 8: Federal Question
Works Cited
Cases Cited
More information here
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