That Eminent Tribunal: Judicial Supremacy and the Constitution
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"This is a very impressive collection of essays by a group of scholars who are at, or entering, the peak of their careers—and stars and superstars they are. From a variety of perspectives, but with a shared spirit, they analyze the way the contemporary Supreme Court understands judicial power and its role in the American polity. Rather than harness the courts, they seek to breed a better sort of justice, or less metaphorically, to develop a concept of judicial power and of the place of constitutional law within the polity that will in the long run result in the repair of the wrongs they discover."—James R. Stoner, Jr., Louisiana State University, author of Common-Law Liberty: Rethinking American Constitutionalism"This is one of the few academic books that leave the reader asking for more rather than less. It is by a group of leading scholars who lament the judicial activism of federal courts over the past half-century, and particularly since Roe v. Wade. The variety and trenchancy of its arguments make it a significant contribution to the scholarly, and popular, debate over judicial power."—Charles R. Kesler, Claremont Institute, Editor of the Claremont Review of Books
Introduction1Ch. 1Is the constitution whatever the winners say it is?10Ch. 2Nationhood and judicial supremacy20Ch. 3"Casey at the bat" - taking another swing at Planned Parenthood v. Casey37Ch. 4Antijural jurisprudence : the vices of the judges enter a new stage59Ch. 5Judicial power and the withering of civil society85Ch. 6The academy, the courts, and the culture of rationalism97Ch. 7Judicial moral expertise and real-world constraints on judicial moral reasoning118Ch. 8Toward a more balanced history of the Supreme Court141Ch. 9Judicial reviews and republican government159Ch. 10The Casey five versus the federalism five : supreme legislator or prudent umpire?181Ch. 11The Rehnquist court and "conservative judicial activism"199
