Barber begins by reviewing the basic arguments of the New Right, with special attention to those of Robert Bork and Walter Berns. He then demonstrates that judicial activism, long scorned by the Court's bitterest critics, is part of a constitutional philosophy deeply rooted in "The Federalist Papers" - despite conservatives' frequent claims to know the framers' "original intent". Barber shows that New Right theorists such as Bork and establishment liberals such as Ronald Dworkin are moral relativists who cannot escape ...
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Barber begins by reviewing the basic arguments of the New Right, with special attention to those of Robert Bork and Walter Berns. He then demonstrates that judicial activism, long scorned by the Court's bitterest critics, is part of a constitutional philosophy deeply rooted in "The Federalist Papers" - despite conservatives' frequent claims to know the framers' "original intent". Barber shows that New Right theorists such as Bork and establishment liberals such as Ronald Dworkin are moral relativists who cannot escape conclusions ("might makes right", for example) that could destroy constitutionalism in America. The best hope for American freedoms, Barber argues, is to revive classical constitutionalism - and he explains how new movements in philosophy today allow the court's friends to do just that. "The Constitution of Judicial Power" aims to stimulate debate among constitutional experts and general readers alike. Barber offers a lucid explanation and penetrating analysis of the current debate over the Court - and why it matters. He reaffirms that simple justice - and not "original intent" - undergirds the constitution ofjudicial power. Sotirios A. Barber is the author of "The Constitution and the Delegation of Congressional Power" and "On What the Constitution Means".
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1997,
Johns Hopkins University Press, Baltimore, MD
ISBN-13: 9780801857904
Trade paperback
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1993,
Johns Hopkins University Press, Baltimore, MD
ISBN-13: 9780801845871
Hardcover
|
