The Madisonian Constitution George Thomas

ISBN: 9780801888526

Published:

Hardcover

264 pages


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The Madisonian Constitution  by  George Thomas

The Madisonian Constitution by George Thomas
| Hardcover | PDF, EPUB, FB2, DjVu, AUDIO, mp3, ZIP | 264 pages | ISBN: 9780801888526 | 4.18 Mb

Today, we think of constitutional questions as being settled by the Supreme Court. But that is not always the case, nor is it what the framers intended in constructing the three-branch federal government. This volume examines four crucial moments inMoreToday, we think of constitutional questions as being settled by the Supreme Court. But that is not always the case, nor is it what the framers intended in constructing the three-branch federal government. This volume examines four crucial moments in the United States political history -- the Civil War and Reconstruction, the Progressive Era, Franklin Delano Roosevelts presidency and the New Deal, and the Reagan revolution -- to illustrate the Madisonian view that the present rise of judicial supremacy actually runs counter to the Constitution as established at the nations founding.George Thomas opens by discussing how the Constitution encourages an antagonistic approach to settling disputes, thereby preserving itself as the nations fundamental law rather then ceding that role to the president, Congress, or Supreme Court.

In considering the four historical case studies, he focuses on judicial interpretations and the political branches responses to them to demonstrate that competing conceptions of constitutional authority and meaning, as well as intergovernmental disputes themselves -- rather than any specific outcome -- strengthen the nature of the nations founding document as a political instrument.Engagingly written and soundly argued, this study clarifies and highlights the political origins of the nations foundational document and argues that American constitutionalism is primarily about countervailing power not legal limits enforced by courts.



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