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Reconsidering Judicial Finality: Why the Supreme Court Is Not the Last Word on t

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Last updated on 07 Jun, 2024 11:22:27 AESTView all revisionsView all revisions

Item specifics

Condition
Brand new: A new, unread, unused book in perfect condition with no missing or damaged pages. See the ...
ISBN-13
9780700628100
Book Title
Reconsidering Judicial Finality
ISBN
9780700628100
Publication Year
2019
Type
Textbook
Format
Hardcover
Language
English
Publication Name
Reconsidering Judicial Finality: Why the Supreme Court Is Not the Last Word on the Constitution
Item Height
229mm
Author
Louis Fisher
Publisher
University Press of Kansas
Item Width
152mm
Subject
Law, Government, History
Item Weight
595g
Number of Pages
288 Pages

About this product

Product Information

Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the unalterable fact, as Chief Justice Rehnquist once remarked, that our judicial system, like the human beings who administer it, is fallible. And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions. In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are Settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court's decisions have, of course, been challenged and reversed in numerous cases-involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings-and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court's decision in Citizens United, Fisher's work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history. The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court's nine justices as democracy's last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government-and, finally, to the American people.

Product Identifiers

Publisher
University Press of Kansas
ISBN-13
9780700628100
eBay Product ID (ePID)
2317553889

Product Key Features

Author
Louis Fisher
Publication Name
Reconsidering Judicial Finality: Why the Supreme Court Is Not the Last Word on the Constitution
Format
Hardcover
Language
English
Subject
Law, Government, History
Publication Year
2019
Type
Textbook
Number of Pages
288 Pages

Dimensions

Item Height
229mm
Item Width
152mm
Item Weight
595g

Additional Product Features

Title_Author
Louis Fisher
Country/Region of Manufacture
United States

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