The Democratic Constitution

Paperback | August 19, 2004

byNeal Devins, Louis Fisher

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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 onlycourts 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 SupremeCourt 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.

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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 onlycourts had the independence and expertise to saf...

Neal Devins is Ernst W. Goodrich Professor of Law and Government at the College of William and Mary. He is also editor of the Constitutional Conflicts Book Series at Duke University Press. Louis Fisher is senior specialist in separation of powers at the Congressional Research Service. He testifies before congressional committees on a ...

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Format:PaperbackDimensions:320 pages, 6.18 × 9.41 × 0.79 inPublished:August 19, 2004Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195171233

ISBN - 13:9780195171235

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Table of Contents

Introduction1. Judicial Supremacy as Orthodoxy2. Who Participates?3. Federalism4. Separation of Powers5. The War Power6. Privacy7. Race8. Speech9. Religion10. The Ongoing DialogueNotesCase IndexSubject Index

Editorial Reviews

"An immensely useful work that will be of interest to everyone who has ever wondered about where constitutional rules come from."--Michael J. Glennon, author of iConstitutional Diplomacy