The people themselves: popular constitutionalism and judicial review

Abstract

Introduction - Popular Constitutionalism 1. In Substance, and in Principle, the Same as It Was Heretofore: The Customary Constitution 2. A Rule Obligatory Upon Every Department: The Origins of Judicial Review 3. The Power under the Constitution Will Always Be in the People: The Making of the Constitution 4. Courts, as Well as Other Departments, Are Bound by That Instrument: Accepting Judicial Review 5. What Every True Republican Ought to Depend On: Rejecting Judicial Supremacy 6. Notwithstanding This Abstract View: The Changing Context of Constitutional Law 7. To Preserve the Constitution, as a Perpetual Bond of Union: The Lessons of Experience 8. A Layman's Document, Not a Lawyer's Contract: The Continuing Struggle for Popular Constitutionalism 9. As An American: Popular Constitutionalism, Circa 2004 Epilogue - Judicial Review Without Judicial Supremacy

Cite this work

No public copy is stored for this record, so only the metadata is cited.

Stored only when both papers are in the corpus — 359 citations exist upstream.