In Defense of the Constitution
In Defense of the Constitution refutes modern critics of the Constitution who assail it as “reactionary” or “undemocratic.” The author argues that modern disciples of Progressivism are determined to centralize political control in Washington, D.C., to achieve their goal of an egalitarian national society. Furthermore, he contends, Progressive interpreters of the Constitution subtly distort fundamental principles of the Constitution for the precise purpose of achieving their egalitarian goals. It is in their distrust of self-government and representative institutions that Progressivists advocate, albeit indirectly, an elitist regime based on the power of the Supreme Court?or judicial supremacy. Key elements and issues in this transformation of the original republic into an egalitarian mass society are thoroughly examined.
Read the Liberty Classic on this title from Law & Liberty
In Defense of the Constitution, revised and expanded edition, (Indianapolis: Liberty Fund, 1995).
Copyright:
The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.
People:
- Author: George W. Carey
Formats:
| Format | Description | Size |
|---|---|---|
| EBook PDF | This text-based PDF or EBook was created from the HTML version of this book and is part of the Portable Library of Liberty. | 804 KB |
| HTML | This version has been converted from the original text. Every effort has been taken to translate the unique features of the printed book into the HTML medium. | 829 KB |
Table of Contents
- Contents
- Acknowledgements
- Note to the Reader
- Introduction
- Publius—a Split Personality?
- INTRODUCTORY NOTE
- publius—a split personality?
- Split Personality Thesis: Development and Substance
- The Expanded Split Personality Thesis Critically Examined
- Some Conclusions
- Majority Rule and the Extended Republic Theory of James Madison
- INTRODUCTORY NOTE
- MAJORITY RULE AND THE EXTENDED REPUBLIC THEORY OF JAMES MADISON
- The Extended Republic Theory
- The Virtues of Extensiveness
- Extensiveness, Interests, and the Common Good
- The Modern Problem
- Separation of Powers and the Madisonian Model: A Reply to the Critics
- INTRODUCTORY NOTE
- SEPARATION OF POWERS AND THE MADISONIAN MODEL: A REPLY TO THE CRITICS
- Separation of Powers
- Separation of Powers and Majority Rule
- Bicameralism and Majority Rule
- Conclusion
- James Madison and the Principle of Federalism
- INTRODUCTORY NOTE
- JAMES MADISON AND THE PRINCIPLE OF FEDERALISM
- Madison: The Nationalist
- Madison as Publius
- Madison: The Strict Constructionist
- The Compound Republic
- The Problem of Divided Sovereignty
- The Final Say: Nation or States?
- The Final Say: Courts or Congress?
- Madison: Proponent of Consensual Processes
- The Supreme Court, Judicial Review, and Federalist 78
- INTRODUCTORY NOTE
- THE SUPREME COURT, JUDICIAL REVIEW, AND FEDERALIST 78
- Judicial Review and the Framers’ Intent
- Federalist 78 and Judicial Reform
- The Limits of Judicial Review
- The Extent of the Modern Problem
- Due Process, Liberty, and the Fifth Amendment: Original Intent
- INTRODUCTORY NOTE
- DUE PROCESS, LIBERTY, AND THE FIFTH AMENDMENT: ORIGINAL INTENT
- Liberty: An Overview
- Escape from Arbitrariness: The Link between Theory and Practice
- Liberty and Due Process: The English Legacy
- Law of the Land: The American Experience
- The Fifth Amendment: Liberty and Due Process
- Substantive Due Process
- Abortion and the American Political Process
- INTRODUCTORY NOTE
- ABORTION AND THE AMERICAN POLITICAL CRISIS
- Natural Rights Theory and the Constitutional Decline
- Ramifications of Decline: Present and Future
- Problems and Complexities: Consensual and Political