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Summary
Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics.
In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, “The Role of Courts in Constitutional Democracy,” analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, “Law and Executive Authority,” reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, “Liberal Education, Constitutionalism, and Philosophic Moderation,” shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.
“Each essay is thoughtful and well-argued.” — CHOICE
“...highly recommended for college library Judicial Studies collections.” — Midwest Book Review
Giorgi Areshidze is Assistant Professor of Government at Claremont McKenna College. Paul O. Carrese is Professor and Director of the US Air Force Academy Scholars Program and the author of The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism. Suzanna Sherry is Herman O. Loewenstein Professor of Law at Vanderbilt University. Her books include Judgment Calls: Principle and Politics in Constitutional Law (coauthored with Daniel A. Farber).
Table of Contents
Foreword Harvey C. Mansfield
Acknowledgments
Introduction: Liberal Education and Politics Giorgi Areshidze and Paul O. Carrese
Part I. The Role of Courts in Constitutional Democracy
1. Why We Need More Judicial Activism Suzanna Sherry
2. Legal Realism, Innate Morality, and the Structural Role of the Supreme Court in the U.S. Constitutional Democracy Karl Coplan
3. Is Judicialization Good for Democracy? A Comparative Discussion Ayşe Zarakol
4. If There’s a Right, Is There a Remedy? The Federal Courts’ Role in Remedying Constitutional Violations Barbara Kritchevsky
Part II. Law and Executive Authority
5. The Necessary and the Good in Lincoln’s Wartime Reconstruction Policy Sean Mattie
6. Progress, Return, and the Constitution C. Kevin Marshall
7. Ideas Meet Institutions and the
People Rise Up: Four Classic Ideas and the Strange Century of Health Reform James A. Morone
Part III. Liberal Education, Constitutionalism, and Philosophic Moderation
8. The Polis, the State, and the Constitution James R. Stoner Jr.
9. Adam Smith’s Invisible Hands Peter Minowitz
10. The Founders and the Conditions of Popular Political Deliberation David R. Upham
11. Tocqueville on Liberal Democracy and the Philosophy of Moderation Paul O. Carrese
12. John Rawls and EU Multiculturalism: Is Post-Enlightenment Rawlsian Liberalism Sustainable? Giorgi Areshidze
Publications by Murray P. Dry
Constitutionalism, Executive Power, and the Spirit of Moderation
Contributors
Index
