In this fresh and provocative critique of judicial power, Matthew Franck argues for a Supreme Court that is newly mindful of constitutionalism's basis in the sovereign will of the people and of the distinctly limited scope of judicial authority that is permitted by that constitutional sovereignty. Neither activism nor restraint, but a lively sense of the fundamental constraints that deprive the Court of any legitimate choice between those two options, is at the heart of Franck's model of appropriate judicial modesty.

Franck challenges three propositions central to current debates over 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 that 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 philosophers (especially Hobbes, Locke, and Blackstone), and the early opinions of the Supreme Court.

His reasoned critique provides illuminating new perspectives on the jurisprudence of John Marshall; on the origins and practices of "judicial statesmanship" (presumed to have begun with Marshall); on McCulloch v. Maryland (1819)-which was not, Franck argues, a ruling in pursuit of a nationalist political agenda but conformed to a modest vision of the judicial power; and on the mangled roots of substantive due process. In addition, he reviews recent Supreme Court confirmation hearings to demonstrate the large influence of historical misconceptions on our understanding of the proper scope of judicial power in a constitutional democracy.

America is a nation that celebrates diversity and freedom of conscience. Yet, as Alexis de Tocqueville observed, democratic times often demand conformity. Nowadays, conformity might be enforced in the name of diversity itself, and go so far as to infringe on the rights of conscience, expression, association, and religious freedom. Americans have recently been confronted by this paradox in various ways, from federal health care mandates, to campus speech codes, to consumer boycotts, to public intimidation, to vexatious litigation, to private corporations dismissing employees for expressing certain political views. In this book, Bradley C. S. Watson brings together leading thinkers from a variety of disciplines to examine the manner and extent to which conformity is demanded by contemporary American law and social practice. Contributors also consider the long-term results of such demands for conformity for the health-and even survival-of a constitutional republic.

America is a nation that celebrates diversity and freedom of conscience. Yet, as Alexis de Tocqueville observed, democratic times often demand conformity. Nowadays, conformity might be enforced in the name of diversity itself, and go so far as to infringe on the rights of conscience, expression, association, and religious freedom. Americans have recently been confronted by this paradox in various ways, from federal health care mandates, to campus speech codes, to consumer boycotts, to public intimidation, to vexatious litigation, to private corporations dismissing employees for expressing certain political views. In this book, Bradley C. S. Watson brings together leading thinkers from a variety of disciplines to examine the manner and extent to which conformity is demanded by contemporary American law and social practice. Contributors also consider the long-term results of such demands for conformity for the health-and even survival-of a constitutional republic.

Arguments over constitutional interpretation increasingly highlight the full range of political, moral, and cultural fault lines in American society. Yet all the contending parties claim fealty to the Constitution. This volume brings together some of America's leading scholars of constitutional originalism to reflect on the nature and significance of various approaches to constitutional interpretation and controversies. Throughout the book, the contributors highlight the moral and political dimensions of constitutional interpretation. In doing so, they bring constitutional interpretation and its attendant disputes down from the clouds, showing their relationship to the concerns of the citizen. In addition to matters of interpretation, the book deals with the proper role of the judiciary in a free society, the relationship of law to politics, and the relationship of constitutional originalism to the deepest concerns of political thought and philosophy.

In Print the Legend: Politics, Culture, and Civic Virtue in the Films of John Ford, a collection of writers explore Ford's view of politics, popular culture, and civic virtue in some of his best films: Drums Along the Mohawk, The Searchers, The Man Who Shot Liberty Valance, Stagecoach, How Green Was My Valley, and The Last Hurrah. John Ford, more than most motion picture directors, invites his viewers into a serious discussion of these themes. For instance, one can consider Plato's timeless question 'What is justice?' in The Man Who Shot Liberty Valance, vengeance as classical Greek tragedy in The Searchers, or ethnic politics in The Last Hurrah. Ford's films never grow stale or seem dated because he continually probes the most important questions of our civic culture: what must we do to survive, prosper, pursue happiness, and retain our common decency as a regime? Further, viewing them from a distance of time, we are subtly invited to ask whether anything has been lost or gained since Ford celebrated the civic virtues of an earlier America. Is Ford's America an idealized America or a lost America?

In Print the Legend: Politics, Culture, and Civic Virtue in the Films of John Ford, a collection of writers explore Ford's view of politics, popular culture, and civic virtue in some of his best films: Drums Along the Mohawk, The Searchers, The Man Who Shot Liberty Valance, Stagecoach, How Green Was My Valley, and The Last Hurrah. John Ford, more than most motion picture directors, invites his viewers into a serious discussion of these themes. For instance, one can consider Plato's timeless question "What is justice?" in The Man Who Shot Liberty Valance, vengeance as classical Greek tragedy in The Searchers, or ethnic politics in The Last Hurrah. Ford's films never grow stale or seem dated because he continually probes the most important questions of our civic culture: what must we do to survive, prosper, pursue happiness, and retain our common decency as a regime? Further, viewing them from a distance of time, we are subtly invited to ask whether anything has been lost or gained since Ford celebrated the civic virtues of an earlier America. Is Ford's America an idealized America or a lost America?

Arguments over constitutional interpretation increasingly highlight the full range of political, moral, and cultural fault lines in American society. Yet all the contending parties claim fealty to the Constitution. This volume brings together some of America's leading scholars of constitutional originalism to reflect on the nature and significance of various approaches to constitutional interpretation and controversies. Throughout the book, the contributors highlight the moral and political dimensions of constitutional interpretation. In doing so, they bring constitutional interpretation and its attendant disputes down from the clouds, showing their relationship to the concerns of the citizen. In addition to matters of interpretation, the book deals with the proper role of the judiciary in a free society, the relationship of law to politics, and the relationship of constitutional originalism to the deepest concerns of political thought and philosophy.