The People Themselves: Popular Constitutionalism and Judicial ReviewIn this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and created a very different system--and held a very different understanding of citizenship--than Americans believe to be the norm today. "Popular sovereignty" was not just some historical abstraction, and the notion of "the people" was more than a flip rhetorical device invoked on the campaign trail. Questions of constitutional meaning provoked vigorous public debate and the actions of government officials were greeted with celebratory feasts and bonfires, or riotous resistance. Americans treated the Constitution as part of the lived reality of their daily existence. Their self-sovereignty in law as much as politics was active not abstract. |
Contents
POPULAR CONSTITUTIONALISM | 3 |
In Substance and in Principle the Same as It Was Heretofore THE CUSTOMARY CONSTITUTION | 9 |
A Rule Obligatory upon Every Department THE ORIGINS OF JUDICIAL REVIEW | 35 |
The Power under the Constitution Will Always Be in the People THE MAKING OF THE CONSTITUTION | 73 |
Courts as Well as Other Departments Are Bound by That Instrument ACCEPTING JUDICIAL REVIEW | 93 |
What Every True Republican Ought to Depend On REJECTING JUDICIAL SUPREMACY | 128 |
Notwithstanding This Abstract View THE CHANGING CONTEXT OF CONSTITUTIONAL LAW | 145 |
To Preserve the Constitution as a Perpetual Bond of Union THE LESSONS OF EXPERIENCE | 170 |
A Laymans Document Not a Lawyers Contract THE CONTINUING STRUGGLE FOR POPULAR CONSTITUTIONALISM | 207 |
As an American POPULAR CONSTITUTIONALISM CIRCA 2OO4 | 227 |
JUDICIAL REVIEW WITHOUT JUDICIAL SUPREMACY | 249 |
Notes | 255 |
| 339 | |
Other editions - View all
The People Themselves: Popular Constitutionalism and Judicial Review Larry D. Kramer Limited preview - 2004 |
The People Themselves: Popular Constitutionalism and Judicial Review Larry D. Kramer Limited preview - 2004 |
Common terms and phrases
amendment American Revolution argued argument Buren Carolina century colonial common law Congress constitutional law Countermajoritarian Difficulty customary constitution debate decide decision declare democracy democratic departmental theory DHRC Dred Scott early eighteenth-century election enforce essays explained federal Federalist fundamental law Gazette Glorious Revolution Hamilton History interpretation issue James Iredell James Madison John Adams Joseph Story judges judicial authority judicial review judicial supremacy judiciary jury Justices lawyers legislative legislature Letter from Thomas liberty limited Madison's notes Marbury Marshall Massachusetts matter means ment note 26 nullification opinion ordinary law Papers of Madison party people's political popular constitutionalism popular sovereignty practice principles question Rakove Ratifying Convention reason Reid repeal Republic Republicans responsibility role rule Senate Speech Spencer Roane statute supra note supra note 37 Supreme Court t]he Thomas Jefferson tion U.S. 3 Dall unconstitutional United veto views void Whig William