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Epilogue: Some Sober Second Thoughts, Christopher Hoebeke
Epilogue: Some Sober Second Thoughts, Christopher Hoebeke
Christopher H Hoebeke
No abstract provided.
The Paradox Of Popular Sovereignty: An Introductory Essay, Christopher Hoebeke
The Paradox Of Popular Sovereignty: An Introductory Essay, Christopher Hoebeke
Christopher H Hoebeke
No abstract provided.
Democracy And Renewed Distrust: Equal Protection And The Evolving Judicial Conception Of Politics, Bertrall L. Ross
Democracy And Renewed Distrust: Equal Protection And The Evolving Judicial Conception Of Politics, Bertrall L. Ross
Bertrall L Ross
Judicial interpretations of the Equal Protection Clause have undergone a major transformation over the last fifty years. A Supreme Court once suspicious of the democratic losses of discrete and insular minorities, now closely scrutinizes their democratic victories. A Court once active in structuring the democratic process to be inclusive of racial and other minorities, now views minority representation in the political process as essentially irrelevant. A Court once deferential to exercises of congressional power that enhanced the equal protection rights of minorities, now gives Congress much less leeway.
What explains these shifts? An easy explanation is that the Supreme Court …
Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke
Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke
Christopher H Hoebeke
No abstract provided.
Whose Common Good? Racism In The Political Community, Stephen M. Feldman
Whose Common Good? Racism In The Political Community, Stephen M. Feldman
Stephen M. Feldman
Political pluralists and civic republicans have launched constitutional and political theory into a controversy of paradigmatic proportions. Pluralists insist that politics is no more than a struggle between autonomous and rational individuals or groups who strive to satisfy their preexisting private interests. Civic republicans argue instead that the government should pursue the common good, not preexisting private interests. Something vital is missing from this debate: a recognition of and confrontation with American racism. In the context of American society, no constitutional or political theory can succeed without a comprehensive awareness and understanding of racism. The Constitution must be understood, interpreted, …