The People Themselves: Popular Constitutionalism and Judicial ReviewIn this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and created a very different system--and held a very different understanding of citizenship--than Americans believe to be the norm today. "Popular sovereignty" was not just some historical abstraction, and the notion of "the people" was more than a flip rhetorical device invoked on the campaign trail. Questions of constitutional meaning provoked vigorous public debate and the actions of government officials were greeted with celebratory feasts and bonfires, or riotous resistance. Americans treated the Constitution as part of the lived reality of their daily existence. Their self-sovereignty in law as much as politics was active not abstract. |
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The People Themselves: Popular Constitutionalism and Judicial Review Larry D. Kramer Limited preview - 2004 |
The People Themselves: Popular Constitutionalism and Judicial Review Larry Kramer Limited preview - 2004 |
Common terms and phrases
Alexander Hamilton amendment American Revolution argued argument Bonham’s Buren Carolina Coke’s colonial common law Congress constitutional interpretation constitutional law controversy Countermajoritarian Difficulty customary constitution debate decide decision declare democracy democratic DHRC doctrine Dred Scott early eighteenthcentury election enforcement essays federal Federalist fundamental law Gazette Glorious Revolution History independent issue Jackson James Iredell James Madison John Adams Joseph Story judges judicial authority judicial review judicial supremacy judiciary jury Justices lawyers legislative legislature Letter from Thomas liberty limited Madison’s notes Marbury Marshall Marshall’s Massachusetts matter means opinion ordinary law Papers of Madison party people’s political popular constitutionalism popular sovereignty practice principles question Rakove reason Reid repeal Republic Republicans responsibility role rule Speech Spencer Roane statute supra note supra note 26 Supreme Court t]he Thomas Jefferson U.S. 3 Dall unconstitutional United veto views Virginia Ratifying Convention void Whig William