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The Resource The cycles of constitutional time, Jack M. Balkin

The cycles of constitutional time, Jack M. Balkin

Label
The cycles of constitutional time
Title
The cycles of constitutional time
Statement of responsibility
Jack M. Balkin
Creator
Author
Subject
Language
eng
Summary
"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--
Assigning source
Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Balkin, J. M
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Constitutional law
  • United States
  • Constitutional law
  • Politics and government
  • United States
Label
The cycles of constitutional time, Jack M. Balkin
Instantiates
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
The Recent Unpleasantness -- The Cycle of Regimes -- The Cycle of Polarization -- Constitutional Crisis -- The Cycle of Constitutional Rot and Renewal -- Judicial Review in the Cycles of Constitutional Time -- How the Rise and Fall of Regimes affects Judicial Review -- The Role of Constitutional Theory in the Cycle of Regimes -- How Cycles of Polarization and Depolarization Shape the Exercise of Judicial Review -- Law in the Time of Constitutional Rot -- Judicial Politics and Judicial Reform -- The Turn of the Cycles
Dimensions
25 cm
Extent
viii, 246 pages
Isbn
9780197530993
Lccn
2020004528
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1140362306
Label
The cycles of constitutional time, Jack M. Balkin
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
The Recent Unpleasantness -- The Cycle of Regimes -- The Cycle of Polarization -- Constitutional Crisis -- The Cycle of Constitutional Rot and Renewal -- Judicial Review in the Cycles of Constitutional Time -- How the Rise and Fall of Regimes affects Judicial Review -- The Role of Constitutional Theory in the Cycle of Regimes -- How Cycles of Polarization and Depolarization Shape the Exercise of Judicial Review -- Law in the Time of Constitutional Rot -- Judicial Politics and Judicial Reform -- The Turn of the Cycles
Dimensions
25 cm
Extent
viii, 246 pages
Isbn
9780197530993
Lccn
2020004528
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1140362306

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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