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Product Identifiers

PublisherPrinceton University Press

ISBN-100691141029

ISBN-139780691141022

eBay Product ID (ePID)71650634

Product Key Features

Number of Pages320 Pages

LanguageEnglish

Publication NamePolitical Foundations of Judicial Supremacy : The Presidency, the Supreme Court, and Constitutional Leadership in U. S. History

SubjectAmerican Government / Judicial Branch, Judicial Power, Civil Procedure

Publication Year2009

TypeTextbook

Subject AreaLaw, Political Science

AuthorKeith E. Whittington

SeriesPrinceton Studies in American Politics Ser.

FormatTrade Paperback

Dimensions

Item Height0.9 in

Item Weight17.9 Oz

Item Length9.2 in

Item Width6.1 in

Additional Product Features

Intended AudienceCollege Audience

Dewey Edition22

Reviews"Whittington has written a marvelous book that challenges two axioms of American political thought; the assumed constitutional basis of judicial supremacy and the Marbury 'myth' of judicial review. What distinguishes Whittington's effort from a thousand other analyses of the Court's place in American constitutional practice is his embrace of an explicitly political, as opposed to legalistic, approach to the subject."-- M. E. Bailey, Choice, "Whittington has written a marvelous book that challenges two axioms of American political thought; the assumed constitutional basis of judicial supremacy and the Marbury 'myth' of judicial review. What distinguishes Whittington's effort from a thousand other analyses of the Court's place in American constitutional practice is his embrace of an explicitly political, as opposed to legalistic, approach to the subject." --M. E. Bailey, Choice, Winner of the 2008 J. David Greenstone Award, Politics and History Section of the American Political Science Association Winner of the 2008 C. Herman Pritchett Award, Law and Courts Section of the American Political Science Association, " Political Foundations of Judicial Supremacy takes us deeper than ever before into the changing structure and politics of inter-branch relations. Historically comprehensive and analytically astute, Whittington's sweeping reformulation of the role of the Supreme Court alters our entire view of American government." --Stephen Skowronek, Yale University, "[T]his book stands out as the best and most sophisticated study of the problem of 'who interprets' in the American context." ---Walter Murphy, Law and History Review, Whittington's book is a perfect fit for both undergraduate and graduate courses on judicial process, constitutional law and theory, and jurisprudence. . . . Whittington continues to demonstrate why he is one of today's most important constitutional scholars.Political Foundations of Judicial Supremacyis essential reading for anyone interested in American politics. Meticulously researched, grounded in the scholarly literature, yet accessible to the nonacademic, the author's arguments are important for anyone seeking an understanding of how the presidency, Congress, and the Supreme Court interact to construct constitutional meaning., "[T]his book stands out as the best and most sophisticated study of the problem of 'who interprets' in the American context."-- Walter Murphy, Law and History Review, "Whittington's book explores a fascinating issue and provides a variety of insights into the relationship between presidents the Supreme Court."-- R. Shep Melnick, Journal of Politics, "The book has the depth and breadth of scholarship that we have come to expect from Whittington. He draws on a rich study of history to support a thesis that builds from various literatures in political science generally and the study of courts in particular. Whittington writes with clarity, precision and grace and should be read, if only as a model of what scholarly work should be.... Whittington makes an important contribution to our understanding of the development of American political institutions and raises interesting questions about the shape those institutions might take." --Kenneth Ward, The Law and Politics Book Review, The book has the depth and breadth of scholarship that we have come to expect from Whittington. He draws on a rich study of history to support a thesis that builds from various literatures in political science generally and the study of courts in particular. Whittington writes with clarity, precision and grace and should be read, if only as a model of what scholarly work should be.... Whittington makes an important contribution to our understanding of the development of American political institutions and raises interesting questions about the shape those institutions might take., Whittington has written a marvelous book that challenges two axioms of American political thought; the assumed constitutional basis of judicial supremacy and the Marbury 'myth' of judicial review. What distinguishes Whittington's effort from a thousand other analyses of the Court's place in American constitutional practice is his embrace of an explicitly political, as opposed to legalistic, approach to the subject. -- M. E. Bailey, Choice, "Whittington's masterful account captures a hidden, selfish dynamic of constitutional politics."-- Aziz Huq, New York Law Journal, Winner of the 2008 J. David Greenstone Award, Politics and History Section of the American Political Science Association, Filled with numerous examples and insightful analysis, Political Foundations of Judicial Supremacy offers a fascinating behind-the-scenes guide to the politics of judicial review that is impressive in both scope and depth., "The book has the depth and breadth of scholarship that we have come to expect from Whittington. He draws on a rich study of history to support a thesis that builds from various literatures in political science generally and the study of courts in particular. Whittington writes with clarity, precision and grace and should be read, if only as a model of what scholarly work should be.... Whittington makes an important contribution to our understanding of the development of American political institutions and raises interesting questions about the shape those institutions might take." ---Kenneth Ward, The Law and Politics Book Review, [T]his book stands out as the best and most sophisticated study of the problem of 'who interprets' in the American context., "Filled with numerous examples and insightful analysis, Political Foundations of Judicial Supremacy offers a fascinating behind-the-scenes guide to the politics of judicial review that is impressive in both scope and depth."-- Harvard Law Review, "[T]his book stands out as the best and most sophisticated study of the problem of 'who interprets' in the American context." --Walter Murphy, Law and History Review, Whittington's book explores a fascinating issue and provides a variety of insights into the relationship between presidents the Supreme Court. -- R. Shep Melnick, Journal of Politics, "This extremely important study lays out the ways in which the U.S. tradition of judicial supremacy receives support from elected representatives. Whittington's arguments are elegant, clearly presented, and persuasive." --Mark Tushnet, Harvard Law School, [T]his book stands out as the best and most sophisticated study of the problem of 'who interprets' in the American context. -- Walter Murphy, Law and History Review, In his wonderfully written and insightful analysis of constitutional review and judicial supremacy in the United States, Keith Whittington takes the reader on a historical journey from the earliest years of the nation through the present day. Through his examination, Whittington provides ample evidence in support of his thesis that it is not so much the United States Supreme Court that has laid claim to judicial supremacy in constitutional interpretation as it is the elected branches of government and the executive, in particular, that have seen it in their own interest to assert that the Court is the ultimate authority on the Constitution. ---Christine L. Nemacheck, Perspectives on Politics, In his wonderfully written and insightful analysis of constitutional review and judicial supremacy in the United States, Keith Whittington takes the reader on a historical journey from the earliest years of the nation through the present day. Through his examination, Whittington provides ample evidence in support of his thesis that it is not so much the United States Supreme Court that has laid claim to judicial supremacy in constitutional interpretation as it is the elected branches of government and the executive, in particular, that have seen it in their own interest to assert that the Court is the ultimate authority on the Constitution. -- Christine L. Nemacheck, Perspectives on Politics, In his wonderfully written and insightful analysis of constitutional review and judicial supremacy in the United States, Keith Whittington takes the reader on a historical journey from the earliest years of the nation through the present day. Through his examination, Whittington provides ample evidence in support of his thesis that it is not so much the United States Supreme Court that has laid claim to judicial supremacy in constitutional interpretation as it is the elected branches of government and the executive, in particular, that have seen it in their own interest to assert that the Court is the ultimate authority on the Constitution., Whittington's book explores a fascinating issue and provides a variety of insights into the relationship between presidents the Supreme Court., "Whittington's book is a perfect fit for both undergraduate and graduate courses on judicial process, constitutional law and theory, and jurisprudence. . . . Whittington continues to demonstrate why he is one of today's most important constitutional scholars. Political Foundations of Judicial Supremacy is essential reading for anyone interested in American politics. Meticulously researched, grounded in the scholarly literature, yet accessible to the nonacademic, the author's arguments are important for anyone seeking an understanding of how the presidency, Congress, and the Supreme Court interact to construct constitutional meaning." --Artemus Ward, Congress & the Presidency, The book has the depth and breadth of scholarship that we have come to expect from Whittington. He draws on a rich study of history to support a thesis that builds from various literatures in political science generally and the study of courts in particular. Whittington writes with clarity, precision and grace and should be read, if only as a model of what scholarly work should be.... Whittington makes an important contribution to our understanding of the development of American political institutions and raises interesting questions about the shape those institutions might take. ---Kenneth Ward, The Law and Politics Book Review, Whittington's book explores a fascinating issue and provides a variety of insights into the relationship between presidents the Supreme Court. ---R. Shep Melnick, Journal of Politics, "Filled with numerous examples and insightful analysis, Political Foundations of Judicial Supremacy offers a fascinating behind-the-scenes guide to the politics of judicial review that is impressive in both scope and depth." -- Harvard Law Review, "In his wonderfully written and insightful analysis of constitutional review and judicial supremacy in the United States, Keith Whittington takes the reader on a historical journey from the earliest years of the nation through the present day. Through his examination, Whittington provides ample evidence in support of his thesis that it is not so much the United States Supreme Court that has laid claim to judicial supremacy in constitutional interpretation as it is the elected branches of government and the executive, in particular, that have seen it in their own interest to assert that the Court is the ultimate authority on the Constitution." ---Christine L. Nemacheck, Perspectives on Politics, Whittington's book is a perfect fit for both undergraduate and graduate courses on judicial process, constitutional law and theory, and jurisprudence. . . . Whittington continues to demonstrate why he is one of today's most important constitutional scholars. Political Foundations of Judicial Supremacy is essential reading for anyone interested in American politics. Meticulously researched, grounded in the scholarly literature, yet accessible to the nonacademic, the author's arguments are important for anyone seeking an understanding of how the presidency, Congress, and the Supreme Court interact to construct constitutional meaning. ---Artemus Ward, Congress & the Presidency, "This is a major work by a major scholar. Whittington highlights for the first time unnoticed patterns in the political construction of judicial power and the growth of judicial authority in the United States. The historical evidence is complete and compelling." --Mark Graber, University of Maryland, "In his wonderfully written and insightful analysis of constitutional review and judicial supremacy in the United States, Keith Whittington takes the reader on a historical journey from the earliest years of the nation through the present day. Through his examination, Whittington provides ample evidence in support of his thesis that it is not so much the United States Supreme Court that has laid claim to judicial supremacy in constitutional interpretation as it is the elected branches of government and the executive, in particular, that have seen it in their own interest to assert that the Court is the ultimate authority on the Constitution."-- Christine L. Nemacheck, Perspectives on Politics, Whittington's masterful account captures a hidden, selfish dynamic of constitutional politics. ---Aziz Huq, New York Law Journal, Filled with numerous examples and insightful analysis, Political Foundations of Judicial Supremacy offers a fascinating behind-the-scenes guide to the politics of judicial review that is impressive in both scope and depth. -- Harvard Law Review, Whittington has written a marvelous book that challenges two axioms of American political thought; the assumed constitutional basis of judicial supremacy and the Marbury 'myth' of judicial review. What distinguishes Whittington's effort from a thousand other analyses of the Court's place in American constitutional practice is his embrace of an explicitly political, as opposed to legalistic, approach to the subject. ---M. E. Bailey, Choice, "Whittington's book is a perfect fit for both undergraduate and graduate courses on judicial process, constitutional law and theory, and jurisprudence. . . . Whittington continues to demonstrate why he is one of today's most important constitutional scholars. Political Foundations of Judicial Supremacy is essential reading for anyone interested in American politics. Meticulously researched, grounded in the scholarly literature, yet accessible to the nonacademic, the author's arguments are important for anyone seeking an understanding of how the presidency, Congress, and the Supreme Court interact to construct constitutional meaning."-- Artemus Ward, Congress & the Presidency, "Whittington has written a marvelous book that challenges two axioms of American political thought; the assumed constitutional basis of judicial supremacy and the Marbury 'myth' of judicial review. What distinguishes Whittington's effort from a thousand other analyses of the Court's place in American constitutional practice is his embrace of an explicitly political, as opposed to legalistic, approach to the subject." ---M. E. Bailey, Choice, Whittington's masterful account captures a hidden, selfish dynamic of constitutional politics. -- Aziz Huq, New York Law Journal, The book has the depth and breadth of scholarship that we have come to expect from Whittington. He draws on a rich study of history to support a thesis that builds from various literatures in political science generally and the study of courts in particular. Whittington writes with clarity, precision and grace and should be read, if only as a model of what scholarly work should be.... Whittington makes an important contribution to our understanding of the development of American political institutions and raises interesting questions about the shape those institutions might take. -- Kenneth Ward, The Law and Politics Book Review, "In his wonderfully written and insightful analysis of constitutional review and judicial supremacy in the United States, Keith Whittington takes the reader on a historical journey from the earliest years of the nation through the present day. Through his examination, Whittington provides ample evidence in support of his thesis that it is not so much the United States Supreme Court that has laid claim to judicial supremacy in constitutional interpretation as it is the elected branches of government and the executive, in particular, that have seen it in their own interest to assert that the Court is the ultimate authority on the Constitution." --Christine L. Nemacheck, Perspectives on Politics, "Whittington's book explores a fascinating issue and provides a variety of insights into the relationship between presidents the Supreme Court." ---R. Shep Melnick, Journal of Politics, "Whittington's book explores a fascinating issue and provides a variety of insights into the relationship between presidents the Supreme Court." --R. Shep Melnick, Journal of Politics, "Whittington's masterful account captures a hidden, selfish dynamic of constitutional politics." --Aziz Huq, New York Law Journal, "The book has the depth and breadth of scholarship that we have come to expect from Whittington. He draws on a rich study of history to support a thesis that builds from various literatures in political science generally and the study of courts in particular. Whittington writes with clarity, precision and grace and should be read, if only as a model of what scholarly work should be.... Whittington makes an important contribution to our understanding of the development of American political institutions and raises interesting questions about the shape those institutions might take."-- Kenneth Ward, The Law and Politics Book Review, Whittington has written a marvelous book that challenges two axioms of American political thought; the assumed constitutional basis of judicial supremacy and the Marbury 'myth' of judicial review. What distinguishes Whittington's effort from a thousand other analyses of the Court's place in American constitutional practice is his embrace of an explicitly political, as opposed to legalistic, approach to the subject., "Whittington's book is a perfect fit for both undergraduate and graduate courses on judicial process, constitutional law and theory, and jurisprudence. . . . Whittington continues to demonstrate why he is one of today's most important constitutional scholars. Political Foundations of Judicial Supremacy is essential reading for anyone interested in American politics. Meticulously researched, grounded in the scholarly literature, yet accessible to the nonacademic, the author's arguments are important for anyone seeking an understanding of how the presidency, Congress, and the Supreme Court interact to construct constitutional meaning." ---Artemus Ward, Congress & the Presidency, Whittington's book is a perfect fit for both undergraduate and graduate courses on judicial process, constitutional law and theory, and jurisprudence. . . . Whittington continues to demonstrate why he is one of today's most important constitutional scholars. Political Foundations of Judicial Supremacy is essential reading for anyone interested in American politics. Meticulously researched, grounded in the scholarly literature, yet accessible to the nonacademic, the author's arguments are important for anyone seeking an understanding of how the presidency, Congress, and the Supreme Court interact to construct constitutional meaning. -- Artemus Ward, Congress & the Presidency, Winner of the 2008 C. Herman Pritchett Award, Law and Courts Section of the American Political Science Association, "Whittington's masterful account captures a hidden, selfish dynamic of constitutional politics." ---Aziz Huq, New York Law Journal, [T]his book stands out as the best and most sophisticated study of the problem of 'who interprets' in the American context. ---Walter Murphy, Law and History Review

Series Volume Number105

Dewey Decimal347.73/12

Table Of ContentPreface xi Chapter 1: The Politics of Constitutional Meaning 1 Chapter 2: The Construction of Constitutional Regimes 28 Chapter 3: The Reconstruction of Judicial Authority 82 Chapter 4: The Judiciary in the Politics of Opposition 161 Chapter 5: The Growth of Judicial Authority 230 Chapter 6: The Dynamics of Constitutional Authority 285 Index 297

SynopsisShould the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself.Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics., Shows that presidents and leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. This work examines why presidents have found judicial supremacy to be in their best interest and why constitutional leadership has been passed to the courts., Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.

LC Classification NumberKF8748.W48 2009