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University of California Press

About the Book

Rot and Revival is one of the first scholarly works to comprehensively theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Anthony Michael Kreis explains how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements. Drawing on rich historical research and political science methodologies, Kreis convincingly demonstrates that the courts have never been—and cannot be—institutions lying outside the currents of national politics.

About the Author

Anthony Michael Kreis is a constitutional law professor and political scientist at Georgia State University College of Law.

Table of Contents

Contents

Acknowledgments 

1. Judicial Review in the Puzzle of American Constitutionalism 
2. Jacksonianism and the Constitution of White Prerogative 
3. Civil War, Constitutional Reformation, and Free Labor 
4. New Deal Constitutionalism 
5. The Reagan Revolution and the New Right’s Order 
6. Of Wax and Time 

Notes 
Bibliography 
Index

Reviews

"In this sweeping work, Anthony Michael Kreis convincingly demonstrates that shifts in governing coalitions drive changes in American constitutional doctrine. The book artfully covers not only Supreme Court case law, but also the congressional record, presidential statements, and the popular press, offering an important counterpoint to judge-centered narratives of American constitutional development."—Robinson Woodward-Burns, author of Hidden Laws: How State Constitutions Stabilize American Politics

"Deconstructing the myth of an apolitical judiciary, Kreis draws on extensive research and his impressive command of the relevant legal history to artfully argue that much of the evolution of constitutional law is driven by the changing politics of new presidential regimes. Rot and Revival is a major study that will be of great significance to the field."—William Adler, author of Engineering Expansion: The U.S. Military and Economic Development, 1787–1860