Constitutional Self-government

Synopsis

Most of us regard the Constitution as the foundation of American democracy. How, then, are we to understand the restrictions that it imposes on legislatures and voters? Why, for example, does the Constitution allow unelected judges to exercise so much power? And why is this centuries-old document so difficult to amend? In short, how can we call ourselves a democracy when we are bound by an entrenched, and sometimes counter-majoritarian, constitution? In Constitutional Self-Government, Christopher Eisgruber focuses directly on the Constitution's seemingly undemocratic features. Whereas other scholars have tried to reconcile these features with majority rule, or simply acknowledged them as necessary limits on democracy, Eisgruber argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy. In an original and provocative argument, he contends that legislatures and elections provide only an incomplete representation of the people, and he claims that the Supreme Court should be regarded as another of the institutions able to speak for Americans about justice. At a pivotal moment of worldwide interest in judicial review and renewed national controversy over the Supreme Court's role in politics, Constitutional Self-Government ingeniously locates the Constitution's value in its capacity to sustain an array of institutions that render self-government meaningful for a large and diverse people.

Copyright:

2001

Book Details

Book Quality:

Excellent

Book Size:

260 Pages

ISBN-13:

9780674025400

Publisher:

Harvard University Press

Date of Addition:

07/14/21

Copyrighted By:

President and Fellows of Harvard College

Adult content:

No

Language:

English

Has Image Descriptions:

No

Categories:

History, Nonfiction, Law, Legal Issues and Ethics, Philosophy, Politics and Government

Submitted By:

MSU Resource Center for Persons with Disabilities

Proofread By:

mwarrier

Usage Restrictions:

This is a copyrighted book.