[Inhoudsopgave]: AcknowledgmentsxviiIntroduction1(14)I The Supreme Court and the Temptations of Politics15(118)Creation and Fall19(32)The First Principles of the Social Compact19(1)The Divided John Marshall20(8)Chief Justice Taney and Dred Scott: The Court Invites a Civil War28(6)The Spirit of the Constitution and the Establishment of Justice34(2)Judicial Activism in the Service of Property and Free Enterprise36(15)The New Deal Court and the Constitutional Revolution51(18)Federalism and Sick Chickens51(3)Roosevelt Fails, Then Succeeds, in Remaking the Court54(2)The Court Stops Protecting Federalism56(1)Economic Due Process Abandoned57(1)The discovery of ``Discrete and Insular Minorities''58(3)Laying the Foundation for Substantive Equal Protection61(8)The Warren Court: The Political Role Embraced69(32)Arrested Legal Realism69(5)Brown v. Board of Education: Equality, Segregation, and the Original Understanding74(10)One Person, One Vote: The Restructuring of State Governments84(6)Poll Taxes and the New Equal Protection90(1)Congress's Power to Change the Constitution by Statute91(2)Applying the Bill of Rights to the States93(2)The Right of Privacy: The Construction of a Constitutional Time Bomb95(6)After Warren: The Burger and Rehnquist Courts101(28)The Transformation of Civil Rights Law101(9)Judicial Moral Philosophy and the Right of Privacy110(16)The First Amendment and the Rehnquist Court126(3)The Supreme Court's Trajectory129(4)II The Theorists133(134)The Madisonian Dilemma and the Need for Constitutional Theory139(4)The Original Understanding143(18)The Constitution as Law: Neutral Principles143(3)Neutrality in the Derivation of Principle146(1)Neutrality in the Definition of Principle147(4)Neutrality in the Application of Principle151(2)The Original Understanding of Original Understanding153(2)The Claims of Precedent and the Original Understanding155(6)Objections to Original Understanding161(26)The Claim that Original Understanding Is Unknowable161(6)The Claim that the Constitution Must Change as Society Changes167(3)The Claim that There Is No Real Reason the Living Should Be Governed by the Dead170(1)The Claim that the Constitution Is Not Law171(5)The Claim that the Constitution Is What the Judges Say It Is176(1)The Claim that the Philosophy of Original Understanding Involves Judges in Political Choices176(2)<TD W
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