Is the Supreme Court the Guardian of the Constitution?
The Supreme Court has recently undergone a crisis of legitimacy. This book examines the controversy surrounding the conventional wisdom that the Court is the guardian of, as well as the final authority on, the Constitution and the ultimate defender of our liberties.
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19th Congress acts of Congress American argued authority Berns Bill of Rights branches of government Chase Chief Justice citizens civic Civil Rights clause common law congressional considered constitutional law constitutional rights constitutionality debates decision declare democracy democratic depend dissent Dred Scott due process duty elected equal established executive exercise expected federal Federalist 78 Fourteenth Amendment framers fundamental law grand jury grand jury charge guardian Ibid impeachment independent individual institution intended interest interpretation Iredell issue James Iredell James Madison John judges judicial activism judicial review judiciary Law Review legislative tyranny legislature liberty living Constitution Marbury Marshall opinion political charge popular president principles problem property rights protection public policy Publius's question reason regime republic republican Resident Scholar role schools Senate sense separation of powers social statute supremacy clause Thomas Jefferson tutional U.S. Supreme Court unconstitutional United virtue Walter Berns Washington written constitution York