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The Political Constitution


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Table of Contents

  • Acknowledgments
  • Introduction
  • 1. A Republican Constitution
  • 2. The Politics of Obligation
  • 3. Madison's Judges
  • 4. The Antipolitical Constitution
  • 5. Cases and Controversies
  • Notes
  • Index

About the Author

Greg Weiner is provost and vice president for academic affairs and associate professor of political science at Assumption College in Worcester, MassachuSetts. He was a senior aide to US senator J. Robert Kerrey, 1993-1999. His books include Madison's Metronome: The Constitution, Majority Rule, and the Tempo of American Politics and American Burke: The Uncommon Liberalism of Daniel Patrick Moynihan, both from Kansas, and Old Whigs: Burke, Lincoln, and the Politics of Prudence.


In this insightful study, Greg Weiner explains why the Supreme Court on constitutional matters should not be treated as an entirely independent branch. Instead, it is part of the political process and fully Subject to independent analysis, public debate, and the system of checks and balances. In the act of governing, the judiciary is a coequal partner, not a superior branch." - Louis Fisher, author of Reconsidering Judicial Finality: Why the Supreme Court Is Not the Last Word on the Constitution

"The Political Constitution argues that legal theorists from across the ideological spectrum too often prefer the authority of unelected judges to the messiness of democracy. The Declaration of Independence promises not only 'Inalienable Rights,' but also 'The Consent of the Governed.' Greg Weiner calls upon judges to leave space for democratic deliberation on constitutional questions and urges elected officials and ordinary citizens to take responsibility for this difficult but essential work." - James H. Read, author of Majority Rule versus Consensus: The Political Thought of John C. Calhoun

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