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Synopsis: Most people, scholars and laypeople alike, view the judiciary as the ultimate authority in constitutional questions. Political scientist Susan Burgess sees things differently.
In Contest for Constitutional Authority, Burgess shows how such single-branch supremacy diminishes public understanding of and participation in constitutional democracy.
Instead, Burgess argues that each branch of government has the right to interpret the Constitution, and that no branch has the final authority theory known as "departmental review." In a system based on departmental review, constitutional interpretation is not solely a judicial function, but rather a shared dialogue among all the branches of government as they articulate their positions on important constitutional issues and respond to opposing arguments. Through close study of the war powers and abortion debates, Burgess demonstrates that the practice of departmental review improves the quality of constitutional debate, deepens "constitutional consciousness," and enhances respect for the rule of law.
Burgess could hardly have chosen two more dramatic case studies for this exploration. First, she investigates the constitutional issues relating to the debates over Roe v. Wade and, in its wake, the 1981 Human Life Bill, 1985 Abortion Funding Restriction Act, and contemporaneous court cases. She follows with a comparative analysis of the constitutional debates that focused on the infamous 1964 Gulf of Tonkin Resolution and the Persian Gulf crisis of the late 1980sone prior to and the other after the passage of the 1973 War Powers Act, which requires congressional authorization before waging war.
In Contest for Constitutional Authority Burgess demonstrates the considerable potential (and possible drawbacks) of departmental review for creating a common constitutional language that transcends the polemical impasses characterizing much current debate, for recapturing active and thoughtful citizen participation, and for renewing our faith in the authority of the constitutional text.
From the Back Cover: "The author has made a significant contribution to our understanding of constitutional law."--Robert Lowry Clinton, author of Marbury v. Madison and Judicial Review
"Focuses the professions's attention on the need to foster continuing, substantive constitutional debate, which is essential to a constitutional democracy. This book is free of the 'polemic' that characterizes much of the abortion and war-powers controversies. In fact, Burgess's approach to the substantive issues is very balanced. Her presentation of the war-powers controversy during the Vietnam era is both interesting and incisive."--Edward Keynes, author of Undeclared War: Twilight Zone of Constitutional Power and The Court vs. Congress: Prayer, Busing, and Abortion
Title: Contest for Constitutional Authority: The ...
Publisher: Univ Pr of Kansas
Publication Date: 1994
Book Condition: Good
Book Description Univ Kansas Press. Book Condition: BRAND NEW. BRAND NEW Softcover A Brand New Quality Book from a Full-Time Bookshop in business since 1992!. Bookseller Inventory # 2104988
Book Description University Press of Kansas. Paperback. Book Condition: Very Good. This book shows minor wear and is in very good condition. Bookseller Inventory # G0700606297I4N00
Book Description Univ Pr of Kansas, 1994. Paperback. Book Condition: Used: Good. Bookseller Inventory # SONG0700606297
Book Description University Press of Kansas, 1992. Paperback. Book Condition: New. book. Bookseller Inventory # M0700606297
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Book Description Univ Pr of Kansas, 1994. Paperback. Book Condition: New. Bookseller Inventory # DADAX0700606297
Book Description Univ Pr of Kansas, 1994. Paperback. Book Condition: Brand New. new edition edition. 192 pages. 9.00x6.00x0.75 inches. In Stock. Bookseller Inventory # 0700606297
Book Description Book Condition: Brand New. Book Condition: Brand New. Bookseller Inventory # 97807006062901.0
Book Description Univ Pr of Kansas, 1992. Paperback. Book Condition: Good. Ships with Tracking Number! INTERNATIONAL WORLDWIDE Shipping available. May not contain Access Codes or Supplements. Buy with confidence, excellent customer service!. Bookseller Inventory # 0700606297