Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2003 Law, Judges and the Principles of Regimes: Explorations George Anastaplo Loyola University Chicago, School of Law,
[email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Jurisprudence Commons Recommended Citation Anastaplo, George, Law, Judges and the Principles of Regimes: Explorations, 70 Tenn. L. Rev. 455 (2003) This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact
[email protected]. LAW, JUDGES, AND THE PRINCIPLES OF REGIMES: EXPLORATIONS t GEORGE ANASTAPLO* Table of Contents INTRODUCTION ............................................ 456 1. MACHIAVELLI, RELIGION, AND THE RULE OF LAW .............. 459 2. JUDGES, POLITICS, AND THE CONSTITUTION ................... 465 3. A PRIMER ON CONSTITUTIONAL ADJUDICATION ................ 468 4. BILLS OF RIGHTS-ANCIENT, MODERN, AND NATURAL 9. 475 5. THE MASS MEDIA AND THE AMERICAN CHARACTER ............ 481 6. POLITICAL PHILOSOPHY AND A SOFT CAESARISM ............... 491 7. THE PROPER OVERCOMING OF SELF-ASSERTIVENESS ............ 499 8. THE COMMON LAW AND THE JUDICIARY ACT OF 1789 ........... 511 9. A RETURN TO BARRON V. BALTIMORE ........................ 519 10. POLITICAL WILL, THE COMMON GOOD, AND THE CONSTITUTION.. 527 11. TOCQUEVILLE ON THE ROADS TO EQUALITY .................. 532 12. STATESMANSHIP AND CONSTITUTIONAL LAW ................ 546 t Law, Judges, and the Principlesof Regimes: Explorations is the first of two articles appearing in the Tennessee Law Review written by Professor Anastaplo. For the second of these two articles, see Constitutionalismandthe Good: Explorations,70 TENN.