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The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism

Paul O. Carrese

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ISBN 10: 022610060X / ISBN 13: 9780226100609
Published by University Of Chicago Press
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Paperback. 350 pages. Dimensions: 9.0in. x 6.0in. x 0.9in.How did the US judiciary become so powerfulpowerful enough that state and federal judges once vied to decide a presidential election What does this prominence mean for the law, constitutionalism, and liberal democracy In The Cloaking of Power, Paul O. Carrese provides a provocative analysis of the intellectual sources of todays powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to cloak power by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political. To address this crisis, Carrese argues for a rediscovery of an independent judiciaryone that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right. This item ships from multiple locations. Your book may arrive from Roseburg,OR, La Vergne,TN. Bookseller Inventory # 9780226100609

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Title: The Cloaking of Power: Montesquieu, ...

Publisher: University Of Chicago Press

Binding: Paperback

Book Condition:New

Book Type: Paperback

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"With The Cloaking of Power, Paul O. Carrese has established himself as a first-rate scholar working at the intersection of political philosophy and judicial politics.... This book should be of interest even to those who disagree with his prescriptions for contemporary American judicial power." (Claremont Review of Books)"

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