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Who has the final say on the meaning of the Constitution? From high school to law school, students learn that the framers designed the Supreme Court to be the ultimate arbiter of constitutional issues, a function Chief Justice John Marshall recognized in deciding Marbury v. Madison in 1803. This provocative work challenges American dogma about the Supreme Court's role, showing instead that the founding generation understood judicial power not as a counterweight against popular government, but as a consequence, and indeed a support, of popular sovereignty. Contending that court power must be restrained so that policy decisions are left to the people's elected representatives, this study offers several remedies--including term limits and popular selection of the Supreme Court--to return the American people to their proper place in the constitutional order.
Reclaiming the American Revolution examines the struggles for political ascendancy between Federalists and the Republicans in the early days of the American Republic. Watkins views the struggle through the lens of the Kentucky and Virginia Resolutions, charters written by Thomas Jefferson and James Madison respectively, that were responses to the Alien and Sedition Acts passed by Federalists that, among other things, made criticism of the federal government a crime. Viewing those acts as a threat to states' rights, as well as indicative of a national government that sought supreme power, the Resolutions restated the principles of the American Revolution and sought to return the nation to the tenets of the Constitution, in which rights for all were protected by checking the power of the national government.