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简介："In The Cloaking of Power, Paul O. Carrese provides a provocative and original analysis of the intellectual sources of today's powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and of strongbut subtle courts. Montesquieu instructed statesmen and judges to "cloak power" by placing robed power at the center of politics, while concealing judges behind citizenjuries and subtle reforms. Tracing Montesquieu's conception of judicial power through Blackstone, Hamilton,and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr.and his jurisprudential revolution - which he believes to be the source of the now-prevalent view that judging is merely political." "Students of political theory, constitutionalism, and the American founding will find TheCloaking of Power an invaluable resource."--BOOK JACKET
