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Cosmic Constitutional Theory – Why Americans Are Losing Their Inalienable Right to Self-Governance - Oxford Scholarship Online
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Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance

J. Harvie Wilkinson


American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform, and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? The book argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan ... More

Keywords: American constitutional law, constitutional theory, Constitution, Living Constitutionalism, Originalism, Process Theory, Pragmatism, judicial restraint, democratic governance

Bibliographic Information

Print publication date: 2012 Print ISBN-13: 9780199846016
Published to Oxford Scholarship Online: April 2015 DOI:10.1093/acprof:osobl/9780199846016.001.0001


Affiliations are at time of print publication.

J. Harvie Wilkinson, author
Fourth Circuit Court of Appeals, Charlottesville, VA, U.S. Circuit Judge