Against the imperial judiciary
Subtitle: the Supreme Court vs. the sovereignty of the people
By: Matthew J. Franck.
Publisher: University Press of Kansas
Published: 1996
Place of publication: Lawrence
Language: eng
Number of pages: 279
Subjects: United States. Supreme Court.; Political questions and judicial power -- United States.; Constitutional law -- United States.
Description: Franck challenges three propositions central to current debates about the supreme Court's role in American life: that the Court has the final word in interpreting the Constitution above competing views from other government branches; that it may legitimately initiate actions to correct political or social dysfunctions left uncorrected by those branches; and that constitutional decisions may be grounded in natural law or a "higher law" located beyond the text of the Constitution.

Franck claims these erroneous propositions have allowed the Court's power to grow well beyond its constitutional mandate. He persuasively argues that a more accurate and responsible view of judicial power can be revived by reexamining the Framers' thought, the writings of liberal philosopher (especially Hobbes, Locke, and Blockstone), and the early opinions of the Supreme Court.
Notes: Includes bibliographical references (p. [261]-269) and index.