Keith E. Whittington
William Nelson Cromwell Professor of Politics
Princeton University
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Keith E. Whittington William Nelson Cromwell Professor of Politics Princeton University
Back to Political Foundations of Judicial Supremacy webpage
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Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History
Table of Contents
Preface xi
One: The Politics of Constitutional Meaning 1
The Theory of Judicial Supremacy 5
The Puzzles of Judicial Supremacy 10
The Logic of Constitutional Authority 14
Political Goals and Constraints 18
The Political Context of Constitutional Authority 22
Conclusion 25
Two: The Construction of Constitutional Regimes 28
Presidential Challenges to Judicial Authority 31
Some Approaches to Understanding Presidential Challenges to Judicial Authority 40
Constitutional Authority in Political Time 49
Visions of the Constitution 53
Pervasive Presidential Conflict 59
Technique versus Ideology 65
The Judiciary in the Politics of Reconstruction 71
Contest for Authority 76
Three: The Reconstruction of Judicial Authority 82
Winning a Friendly Judiciary 87
Favoring Activism 103
Regime Enforcement 105
Division of Labor 120
Overcoming Gridlock 124
Position Taking and Blame Avoidance 134
Legitimation 152
Conclusion 157
Four: The Judiciary in the Politics of Opposition 161
The Ambivalent Embrace of the Courts 166
Domesticated Departmentalism 170
The Presidential Veto in the Nineteenth Century 171
Presidential Assertions in the Twentieth Century 187
Managing the Judiciary 195
Appointment Politics 210
Conclusion 228
Five: The Growth of Judicial Authority 230
Judicial Supremacy and the "Baneful Influence of Factions" 233
Avoiding the "Distracting Question" 248
Preserving the "Dignity and Influence of the Courts" 255
"Trying to Take the Country Back . . . as Far as the Constitution" 272
Six: The Dynamics of Constitutional Authority 285
The Judiciary and the Presidency 288
Judicial Supremacy and Democracy 293
Index 297
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