In a remarkably innovative reconstruction of constitutional
history, Robert Burt traces the controversy over judicial supremacy
back to the founding fathers. Also drawing extensively on Lincoln's
conception of political equality, Burt argues convincingly that
judicial supremacy and majority rule are both inconsistent with the
egalitarian democratic ideal. The first fully articulated
presentation of the Constitution as a communally interpreted
document in which the Supreme Court plays an important but not
predominant role, "The Constitution in Conflict" has dramatic
implications for both the theory and the practice of constitutional
law.
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