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9780271032818

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Patrick Garry's new book is a brilliant, incisive, and comprehensive account of sweeping - and very troubling - changes in the fundamental structural dimensions of our constitutional practices over the last century. Garry provides illuminating analyses of the Constitution's original structural design for the protection of individual freedom, grounded in the separation of powers and federalism; the Court's retreat from serious enforcement of that structural design in the face of the economic crisis of the Great Depression; and the Court's resulting assumption in the mid-twentieth century of an activist role as ultimate policymaker in the area of individual rights, a role at odds with the Founders' constitutional design and with representative democracy. A tour de force. - Jack Wade Nowlin, The University of Mississippi School of Law Garry's book does an excellent job describing how a Constitution that originally employed federalism and the separation of powers to protect the people has been transformed into one that relies on the Supreme Court. Garry also argues persuasively that this transformation has greatly empowered the Supreme Court even in areas where the Court claims to grant deference to the political branches. - Michael Rappaport, University of San Diego This is a clear and well-informed addition to the line of strong critiques of the modern practice of judicial review. - Robert F. Nagel, University of Colorado

""Patrick Garry's new book is a brilliant, incisive, and comprehensive account of sweeping - and very troubling - changes in the fundamental structural dimensions of our constitutional practices over the last century. Garry provides illuminating analyses of the Constitution's original structural design for the protection of individual freedom, grounded in the separation of powers and federalism; the Court's retreat from serious enforcement of that structural design in the face of the economic crisis of the Great Depression; and the Court's resulting assumption in the mid-twentieth century of an activist role as ultimate policymaker in the area of individual rights, a role at odds with the Founders' constitutional design and with representative democracy. A tour de force."" - Jack Wade Nowlin, The University of Mississippi School of Law ""Garry's book does an excellent job describing how a Constitution that originally employed federalism and the separation of powers to protect the people has been transformed into one that relies on the Supreme Court. Garry also argues persuasively that this transformation has greatly empowered the Supreme Court even in areas where the Court claims to grant deference to the political branches."" - Michael Rappaport, University of San Diego ""This is a clear and well-informed addition to the line of strong critiques of the modern practice of judicial review."" - Robert F. Nagel, University of Colorado""

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Patrick M. Garry is Associate Professor of Law at the University of South Dakota.

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