John Jay Institute
Judicial Interpretation

















     The Jay Institute would like to recommend the following books relating to various aspects of judicial interpretation.

     The recommendation of these books does not necessarily constitute an endorsement.

     They are recommended in order to stimulate debate on judicial interpretation.

Benjamin Franklin: Writings (Library of America)

Commentaries on the Laws of England: A Facsimile of the First Edition of 1765-1769, Vol. 1

Commentaries on the Laws of England, Vol. 2

Commentaries on the Laws of England, Vol. 3

Curbing the Courts: The Constitution and the Limits of Judicial Power

Declaration of Independence : A Study in the History of Political Ideas

Historical Foundations of the Common Law

Judicial politics gone wild: A case study of judicial activism in Texas

Notes of Debates in the Federal Convention of 1787 Reported by James Madison

Novus Ordo Seclorum: The Intellectual Origins of the Constitution

Teaching about the law

The Birth of the English Common Law (Cambridge Paperback Library)

The Brethren : Inside the Supreme Court

The Civil Law Tradition: An Introduction to the Legal Systems of Western Europe and Latin America

The Crusading Judge - Judicial activism in trial courts

The Least Dangerous Branch : The Supreme Court at the Bar of Politics

The Limits of Judicial Power: The Supreme Court in American Politics

The Supreme Court on Trial

Thomas Jefferson : Writings : Autobiography / Notes on the State of Virginia / Public and Private Papers / Addresses / Letters (Library of America)

Toward Increased Judicial Activism: The Political Role of the Supreme Court (Contributions in American Studies)

No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights

The Spirit of Modern Republicanism : The Moral Vision of the American Founders and the Philosophy of Locke (Exxon Lecture Series)

Judicial Activism in Comparative Perspective

Marbury V. Madison and Judicial Review

The Common Law

The Last of the Fathers : James Madison and the Republican Legacy

Advice and Consent: Clarence Thomas, Robert Bork and the Intriguing History of the Supreme Court's Nomination Battles

On Reading the Constitution

The Constitution in the Supreme Court: The First Hundred Years, 1789-1888

The Ideological Origins of the American Revolution

The Oxford Companion to the Supreme Court of the United States

The Supreme Court and Legal Change: Abortion and the Death Penalty (Thornton H. Brooks Series in American Law and Society)

Civil Disobedience and Other Essays (Dover Thrift Editions)

Darwin on Trial

Is the Supreme Court the Guardian of the Constitution? (The Rights Explosion)

The Debate on the Constitution : Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle over Ratification : Part One, September 1787-February 1788 (Library of America)

The Radicalism of the American Revolution

We the People: Foundations

Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism

The Constitution in the Supreme Court: The Second Century, 1888-1986

The Culture of Disbelief

A History of the Supreme Court

Christianity and the Constitution: The Faith of Our Founding Fathers

Lost Rights : The Destruction of American Liberty

Separation of Powers, the political branches, and the limits of judicial power

The Constitutional Thought of Thomas Jefferson (Constitutionalism and Democracy)

The Decline and Fall of the Supreme Court - Living Out the Nightmares of the Federalists

The Fourteenth Amendment: From Political Principle to Judicial Doctrine

The Living U.S. Constitution: Historical Background Landmark Supreme Court Decisions With Introductions Indexed Guide Pen Portraits of the Signers

The Supreme Court and Abortion - The socio-political impact of judicial activism

The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth (Chief Justiceships of the United States Supreme Co)

The Supreme Court, Race, and Civil Rights : From Marshall to Rehnquist

On Constitutional Ground

Shaping Constitutional Values: Elected Government, the Supreme Court, and the Abortion Debate (Interpreting American Politics)

The Mysterious Science of the Law : An Essay on Blackstone's Commentaries

Common Sense (Dover Thrift Editions)

George Washington : Writings (Library of America)

Government by Judiciary: The Transformation of the Fourteenth Amendment

Judicial Activism

Magna Carta – Text and Commentary

Original Meanings : Politics and Ideas in the Making of the Constitution

The Tempting of America

A Matter of Interpretation

American Scripture : Making the Declaration of Independence

Justice Antonin Scalia and the Conservative Revival

Lincoln's Supreme Court

Natural Rights and the New Republicanism

Reason in the Balance: The Case Against Naturalism in Science, Law & Education

The Creation of the American Republic 1776-1787 (Published for the Omohundro Institute of Early American History and Culture, Williamsburg, Virginia)

The Rights Revolution : Lawyers, Activists, and Supreme Courts in Comparative Perspective

American Constitutional Law (University Textbook Series)

Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court

Federal Jurisdiction in a Nutshell (Nutshell Series.)

James Madison: Writings (Library of America)

Republicanism: A Theory of Freedom and Government (Oxford Political Theory)

Roman Law in European History

Supreme Court Appointments: Judge Bork and the Politicization of Senate Confirmations

The Activist Advocate : Policy Making in State Supreme Courts

The Constitution in Congress: The Federalist Period, 1789-1801

The Context of Judicial Activism

The Natural Rights Republic: Studies in the Foundation of the American Political Tradition (Loyola Lectures in Political Analysis)

The New Judiciary: The Effects of Expansion and Activism

A Nation of States : Federalism at the Bar of the Supreme Court (Supreme Court in American Society)

All the Laws but One : Civil Liberties in Wartime

Freedom in Chains : The Rise of the State and the Demise of the Citizen

Jefferson's Declaration of Independence: Origins, Philosophy and Theology

Objections Sustained: Subversive Essays on Evolution, Law & Culture

The Chief Justiceship of Warren Burger, 1969-1986 (Chief Justiceships of the United States Supreme Court)

The Constitution of the United States : A Primer for the People

The Declaration of Independence and Other Great Documents of American History, 1775-1865 (Dover Thrift Editions)

The Structure of Liberty: Justice and the Rule of Law

A Judgment too Far? Judicial Activism and the Constitution

Constitutional Construction: Divided Powers and Constitutional Meaning

Democracy in America

Hamilton: Writings (Library of America)

James Madison and the Creation of the American Republic (2nd Edition)

Majority Rule or Minority Will - Adherence to Precedent on the U.S. Supreme Court

Some Reflections on Judicial Activism

The Betrayal of America: How the Supreme Court Undermined the Constitution and Chose Our President

The Constitution in Congress: The Jeffersonians, 1801-1829

The Supreme Court : A new edition of the Chief Justice's classic history

The Supreme Court in American Politics: The Least Dangerous Branch

The Supreme Court on Trial: Judicial Activism or Democratic Dialogue

A Constitutional History of Secession

Constitutional Law: Principles and Policies (Aspen's Introduction to Law Series)

First Among Equals: The Supreme Court in American Life

States' Rights and the Union: Imperium in Imperio, 1776-1876 (American Political Thought)

Supreme Deception: How an Activist Attorney Manipulated the U.S. Supreme Court and Gave Birth to Partial Birth Abortions

The American Revolution: A History (Modern Library Chronicles)

The Least Dangerous Branch?: Consequences of Judicial Activism

The Rehnquist Choice: The Untold Story of the Nixon Appointment That Redefined the Supreme Court

The Rehnquist Court: Judicial Activism on the Right

The Right Questions: Truth, Meaning & Public Debate

We the People: The Fourteenth Amendment and the Supreme Court  

A Natural History of the Common Law

America's Christian Heritage

Coercing Virtue: The Worldwide Rule of Judges

Common Law Liberty: Rethinking American Constitutionalism

Courting Disaster : The Supreme Court and the Unmaking of American Law

Due Process of Law: A Brief History

Narrowing the Nation's Power: The Supreme Court Sides With the States

Overruling Democracy: The Supreme Court Vs. the American People

Political Philosophy and the God of Abraham

Restoring the Lost Constitution : The Presumption of Liberty

Sir William Blackstone and the Common Law : Blackstone's Legacy to America

Slander: Liberal Lies About the American Right

Slouching Towards Gomorrah : Modern Liberalism and American Decline

Terrorism and Tyranny - Trampling Freedom, Justice and Peace to Rid the World of Evil

The Anti-Federalist Papers and the Constitutional Convention Debates

The Cloaking of Power : Montesquieu, Blackstone, and the Rise of Judicial Activism

The Federalist Papers (Signet Classics (Paperback))

The Majesty of the Law: Reflections of a Supreme Court Justice

The Slaughterhouse Cases: Regulation, Reconstruction, and the Fourteenth Amendment

To Begin the World Anew : The Genius and Ambiguities of the American Founders

Treason: Liberal Treachery from the Cold War to the War on Terrorism

What If America Were A Christian Nation Again?

What Kind of Nation: Thomas Jefferson, John Marshall, and the Epic Struggle to Create a United States

Deliver Us from Evil: Defeating Terrorism, Despotism, and Liberalism

From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality

Law, Liberty, and Parliament: Selected Essays on the Writings of Sir Edward Coke

Saying What the Law Is : The Constitution in the Supreme Court

Scalia Dissents : Writings of the Supreme Court's Wittiest, Most Outspoken Justice

Separate and Unequal: Homer Plessy and the Supreme Court Decision that Legalized Racism

The Most Dangerous Branch: How the Supreme Court of Canada Has Undermined Our Law and Our Democracy

The New Media Monopoly

The Opinions of Justice Antonin Scalia: The Caustic Conservative (Teaching Texts in Law and Politics, V. 13)

The Origins of the American Income Tax: The Revenue Act of 1894 and Its Aftermath

The People Themselves: Popular Constitutionalism and Judicial Review

The Selected Writings of Sir Edward Coke (3 Volume Set)

The Supreme Court and Religion in American Life, Vol. 1 : The Odyssey of the Religion Clauses (New Forum Books)

A Country I Do Not Recognize: The Legal Assault On American Values

A Court Divided: The Rehnquist Court and the Future of Constitutional Law

Men In Black: How the Supreme Court Is Destroying America

So Help Me God: The Ten Commandments, Judicial Tyranny, And The Battle For Religious Freedom

The Law Of The Land: Chief Justice Moore's Message To America - Expanded Edition


Promoting a Greater Understanding of Constitutional Law