TY  - BOOK
AU  - Burt, Robert A.
TI  - The Constitution in Conflict
SN  - 9780674165373
U1  - 347.7312 
PY  - 1995///
CY  - USA
PB  - Harvard University Press, 
KW  - Judicial power - United States - History
KW  - United States - Supreme Court - History
KW  - United States - Constitutional law - Interpretation and construction - History
KW  - Separation of powers - United States - History
N1  - Includes bibliographical references and index; Introduction: White Bosses	
Part 1. Judicial Authority in Principle	
1.The Constitutional Question	
2. Madison's Institutional Answer	
3. Lincoln's Egalitarian Answer	
Part 2. Judicial Supremacy in Practice	
4. The Marshall Court Conflicts	
5. The Black Race within Our Bosom, the Red on Our Borders	
6. The Civil War Rules	
7. Reconstructing the Constitution	
Part 3. Equal Authority in Principle and Practice	
8. An Egalitarian Response: Brown v. Board of Education	
9. Atavistic Reaction: The Nixon Tapes, the Death Penalty, and Abortion	
10. A Constitutional Resolution	
Notes	
Works Cited	
Acknowledgments	
Index
N2  - 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. ( Source: https://www.hup.harvard.edu/books/9780674165373)
ER  -