Statesmanship and the Judiciary
Bibliographic Data
| ID | 6397188 |
|---|---|
| Authors | Matthew J Franck (corresponding author) |
| Year | 1989 |
| Volume | 51 |
| Issue | 4 |
| Pages | 510-532 |
| Publication date | 1989-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The Review of Politics (JOURNAL) |
| Journal identifiers | ISSN: 0034-6705 • E-ISSN: 1748-6858 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0034670500016533 |
| OpenAlex | W2165321994 |
| Language | EN |
| Citations received | 4 |
| References cited | 17 |
This essay questions whether it is as appropriate as it is common to speak of the federal judiciary as legitimately engaged in “statesmanship”— however that rather slippery concept may be denned or elucidated. Scholars of both the “interpretivist” and “noninterpretivist” schools in constitutional law appear to subscribe to the expectation that judges should be statesmen. Some point to Tocqueville for support of this notion. The argument here is that Tbcqueville is unreliable on this point, for he parts company not only with his contemporary, Joseph Story, but with the framers of the Constitution. TheFederalistis examined for its thoughts on the meaning and location of statesmanship in the constitutional order, and it is argued that the essays on the judiciary reveal a conspicuous absence of any expectation that that branch should contain statesmen. Indeed, Publius advances an argument that Congress should act to restrain (through the threat of impeachment) judicial temptations to engage in any adventures that can be called statesmanship
Argument (complex analysis · Constitution · Economics · Epistemology · Federalist · Impeachment · Law and economics · Meaning (existential · Order (exchange · Political science · Politics · Sociology · American Constitutional Law and Politics · Law · Legal and Constitutional Studies · Philosophy · Political Theory and Influence
Democracy in America
The Federalist
Two Treatises of Government, by John Locke, Peter Laslett
The Constitution, the Courts, and Human Rights
The American Supreme Court
The Jeffersonian Crisis
The Philosophy of the American Constitution
The Jeffersonian Crisis
Impeachment
The Jurisprudence of John Marshall
Pragmatism, Statesmanship, and the Supreme Court
Two treatises of government
The Growth of American Constitutional Law
| Unique citing works | 4 |
|---|---|
| Citations per year | 0,14 |
| Citation span | 1998 - 2022 (25) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 4 |