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Items
Details
Author
Title
The cycles of constitutional time / Jack M. Balkin.
Imprint
New York, NY : Oxford University Press, [2020]
Description
1 online resource (viii, 246 pages)
Formatted Contents Note
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
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
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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Description based on online resource; title from digital title page (viewed on July 28, 2020).
Available in Other Form
Print version: Balkin, J. M. Cycles of constitutional time. New York, NY : Oxford University Press, [2020]
Linked Resources
Alternate Title
Oxford Scholarship Online
Oxford Academic.
Oxford Academic.
Language
English
ISBN
9780197531013 electronic publication
0197531016 electronic publication
9780197531020 electronic publication
0197531024 electronic publication
9780197531006 electronic book
0197531008 electronic book
9780197530993 hardcover
0197530990
0197531016 electronic publication
9780197531020 electronic publication
0197531024 electronic publication
9780197531006 electronic book
0197531008 electronic book
9780197530993 hardcover
0197530990
Record Appears in