The Cloaking of Power
Montesquieu, Blackstone, and the Rise of Judicial Activism
- Contents
- Review Quotes

Notes on Texts
Introduction: The Subtle Judge and Moderate Liberalism
Part One: Montesquieu’s Jurisprudence and New Judicial Power
1 Moderation Liberalism and Common Law: Spirt and Judicial Government
2 Moderate and Juridical Government: The Spirit of Constitutional Liberty
3 Projects for Reform: Due Process, National Spirit, and Liberal Toleration
4 The New Aristocracy of the Robe: History, Reason, and Judicial Prudence
Part Two: Blackstone and the Montesquieuan Constitution
5 Blackstone’s Liberal Education for Law and Politics
6 A Gothic and Liberal Constitution: Blackstone’s Tempting of Sovereignty
7 Blackstone, Lord Mansfield, and Common-Law Liberalism
Part Three: Montesquieu’s Judicial Legacy in America
8 Hamilton’s Common-Law Constitutionalism and Judicial Prudence
9 Tocqueville’s Judicial Statesmanship
10 Holmes and Judicialized Liberalism
Conclusion: The Cloaking of Power and the Perpetuation of Constitutionalism
Law and Legal Studies: Legal Thought
Political Science: Classic Political Thought
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