The Constitution In Conflict [Paperback]

In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role,The Constitution in Conflicthas dramatic implications for both the theory and the practice of constitutional law.Good political theory, good history, and a good read.Dr. Burt provides an excellent study of the evolving functions of the Supreme Court. His work carries the reader from the inceptions of the Court throughRoe,Brown IIIand the surfeit of cases concerning the death penalty issue and abortion. His research illustrates a wide knowledge of source materials dealing with the evolution of the Court. Documentation was gathered from various disciplines to support his contentions concerning the conflicts within the Court. Most illuminating is the colection of annotated footnotes that offer supportive information in a way that does not interrupt the flow of the narrative&It is an excellent tome worthy of several readings.An absolutely first-rate book&The real contribution Burt makes is not simply to suggest that we revise our understanding of the role of the Supreme Court; rather, he offers extremely interesting interpretations of particular thinkers, especially Madison and Lincoln, and episodes in our legal history, particularly Brown v. Board of Education. Readers from several disciplines, including law, American history, American political thought, and general political theory, will benefit from reading this book.A well-written, thoughtful work, sure to be controversial, which adroitly challenges assumptions previously held bl³Ë