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The Constitution in Conflict

The Constitution in Conflict

Robert A. Burt

ISBN 9780674165373

Publication date: 03/19/1995

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.


  • Good political theory, good history, and a good read.

    —Virginia Quarterly Review


  • Robert A. Burt was Alexander M. Bickel Professor of Law at Yale Law School.

Book Details

  • 488 pages
  • 6-1/8 x 9-1/4 inches
  • Belknap Press

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