Regulating Our Constitutional Rights: Democratic Rule or Judicial Fiat? (Hardcover) (ISBN-13: 9781666936117)

The author argues that we the people's rights under the Constitution as amended cannot be characterized as "specific prohibitions" against government. Life, liberty, and property rights, and the freedoms of religion, speech, and press, for example, are neither self-defining nor precise. Accordingly, in our representative democracy, the unelected, unaccountable, life-tenured judges on the Supreme Court should defer to the laws of Congress affecting these rights absent a clear constitutional violation. But the modern conservative Court has become increasingly willing to overturn the laws and policy choices of our nation's elected representatives based on the judges' political and ideological preferences. Congress has the constitutional power to control the jurisdiction of the lower federal courts and the appellate jurisdiction of the Supreme Court, but it has not chosen to exercise this power in any meaningful way to preserve and protect the American people's right to be governed by majoritarian rule

Author: William B. Glidden
ISBN-10: 1666936111
ISBN-13: 9781666936117
Publisher: Lexington Books
Language: English
Published: 05/22/2023
Pages: 280
Format: Hardcover
Weight: 1.28lbs
Size: 9.00h x 6.00w x 0.75d

Review Citation(s):
Choice 12/01/2023