Judicial Review and American Democracy Book

	Preface	xi
	Notes: An Explanation	xiv
I	Judicial Review and American Government
1	Introduction	3
2	The Historic Role of the Supreme Court as Interpreter of the Constitution	9
3	The Scope of Judicial Review	21
4	Marbury v. Madison: The Historical and Political Setting	37
5	The Opinion	49
	William Marbury v. James Madison, Secretary of State of the United States	55
II	The Usurpation Question
6	The Classic Rebuttal	67
	Eakin v. Raub	69
7	Thayer on Restraint	76
	"The Origin and Scope of the American Doctrine of Constitutional Law"	78
8	In Defense of Judicial Review	102
	"A Government of Law or a Government of Men?"	104
9	Justice Lurton Rebutted	118
	"Government by Judiciary"	120
10	The Answer: Judicial Review and the Framers' Intent	145
	"The Supreme Court-Usurper or Grantee?"	148
III	The Compatibility Question
11	An Antifederalist View of the Undemocratic Nature of the Judiciary	177
	"Letters of Brutus: XI"	179
	"Letters of Brutus: XII"	184
	"Letters of Brutus: XV"	189
12	The Judiciary as a Barrier to Encroachments of Representative Bodies	195
	"Federalist 78"	198
	"Federalist 81"	204
13	Judicial Review as a Democratic Institution	208
	"The Democratic Character of Judicial Review"	210
14	The Antidemocratic Nature of Judicial Review and a Good Democracy	236
	"The Democratic Compatibility of Judicial Review"	237
	"Limiting Supreme Court Jurisdiction"	253
15	Judicial Review and Public Awareness	257
	"A Political Scientist Writes in Defense of The Brethren"	261
	Bibliography	269
	Index	279