If you want students to really understand the concept of power, moving beyond a survey book's quick discussion of Laswell's “who gets what and how,” Muir's thoughtful Freedom in America might be the book for you. Exploring the words and ideas of such thinkers as Madison, Jefferson, Hamilton, and Tocqueville, Muir discusses the nature and limits of three types of power—coercive, reciprocal, and moral—and then uses this framework to explain how American political institutions work.
If looking for an alternative to a long survey text—or itching to get students grappling with The Federalist Papers or Democracy in America with more of a payoff—Muir's meditation on power and personal freedom is a gateway for students to take their study of politics to the next level. His inductive style, engaging students with well-chosen and masterfully written stories, lets him draw out and distill key lessons without being preachy. Read a chapter and decide if this page turner is for you.
Chapter 18: The Supreme Court as Freedom's Protector
The Supreme Court as Freedom's Protector
No legislative act … contrary to the constitution can be valid. [The] courts were designed to be an intermediate body between the people and the legislature in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law.
If James Madison depended on an enlightened Congress to protect personal freedom from majority tyranny, his Federalist collaborator Alexander Hamilton thought otherwise. He opted to rely on the federal courts1 to prevent political officials, and especially those of the ...