9781107663893 paperback 110766389X paperback 9781107024168 hardcover 1107024161 hardcover
New histories of American law.
"The Partisan Republic is the first book to unite a top down and bottom up account of constitutional change in the Founding era. The book focuses on the decline of the Founding generation's elitist vision of the Constitution and the rise of a more "democratic" vision premised on the exclusion of women and non-whites. It incorporates recent scholarship on topics ranging from judicial review to popular constitutionalism to place judicial initiatives like Marbury v. Madisonin in a broader, socio-legal context. The book recognizes the role of constitutional outsiders as agents in shaping the law, making figures such as the Whiskey Rebels, Judith Sargent Murray, and James Forten part of a cast of characters that has traditionally been limited to white, male elites such as James Madison, Alexander Hamilton, and John Marshall. Finally, it shows how the "democratic" political party came to supplant the Supreme Court as the nation's preeminent constitutional institution"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
The new constitution The federalist constitution and the limits of constitutional dissent The democracy versus the law: the role of the federal judiciary, 1789-1815 The paradoxes of Jeffersonian constitutionalism The White democracy The Marshall court, the Indian nations, and the democratic ascendancy Conclusion: The constitutional triumph and failure of the democratic party.
KF4541 .L396 2019
Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2019.