The People Themselves: Popular Constitutionalism and Judicial Review - Hardcover

Larry Kramer is Russell D. Niles Professor of Law at New York University. He served as a law clerk to Justice William J. Brennan, Jr., of the United States Supreme Court and taught at the law schools of both the University of Chicago and the University of Michigan before moving to NYU. He has written extensively in both academic and popular journals on topics involving the role of courts in society.

"...masterful opening chapters...deserves great praise for his detailed historical research, which recaptures the flavor of early constitutionalism and its deep connection with an active and spirited American people. He also deserves great praise for untangling the different conceptions of "constitution" floating around and rendering that understanding easily accessible to a modern audience...a provocative and original analysis of American constitutionalism that will command a wide audience."--Perspectives on Politics

"Offers a fresh way of viewing the origins and limits of judicial review. The People Themselves challenges conventional constitutional jurisprudence and conventional constitutional history with a deeply researched historical pedigree for popular refusal to accept the Supreme Court's usurping title to the people's document."--The New York Review of Books

"Mr. Kramer is to be applauded for reminding us that courts do not enjoy a monopoly on the Constitution's true meaning and that senators and presidents alike should take the Constitution seriously in the confirmation process and at other times as well."--The Wall Street Journal

"An instructive tour through the early history of American constitutionalism."--National Review

"Larry Kramer explains one of the great mysteries of modern America--why for 40 years, have the freest people in the world been powerless to stop courts of appointed lawyers from eroding their freedoms?.... A manual on how the American people can legitimately exercise their historic right to create what he calls popular constitutionalism."--Newt Gingrich, The New York Post

"Rarely since Edmund Burke's 'Speech on Conciliation with America' in 1774 has the legal dimension of the American Revolution been understood with such precision and presented with such conviction."--First Things

"This book is perhaps the most important work of constitutional theory and history in a generation."--Mark Tushnet, author of Taking the Constitution Away from the Courts

"Larry Kramer's important project offers a refeshing challenge to the hackneyed story that places John Marshall and Marbury v. Madison at the center of the history of constitutional interpretation. Kramer restores to our historical understanding a lost world of popular constitutionalism, where the resolution of fundamental issues was regarded not as the private property of courts and judges but of the people themselves. And I cannot think of a better moment for such a challenge, because we live in an era when doubtful claims for the ultimate authority of the Supreme Court on all matters constitutional are again being heard in the land."--Jack Rakove, author of Original Meanings

"An intelligent and stimulating book. Unlike many law professors writing history, Kramer is very sensitive to context and differing historical circumstances. He offers an impressive and powerful argument for the origins of judicial review."--Gordon Wood, author of The Radicalism of the American Revolution

"This is the best account to date of the development of the power of judicial review in an age of revolutionary politics, and this history challenges us to ask what it really means to live in a democracy today. A fascinating work that deserves a wide audience."--Keith Whittington, author of Constitutional Construction

"Kramer's history is absorbing, his political theory subtle. He puts flesh on the bones of debates over judicial review and popular constitutionalism. With a sure and rare conceptual touch, he traces, and correlates to other political events, modulations over time in the American idea of the Constitution as law. As he does so, he rings the changes on this idea's perceived implications regarding the justifications, self-understandings, and modes of conduct of judicial review."--Frank Michelman, Harvard Law School