Taking the Constitution Away from the CourtsPrinceton University Press, 2000 M07 24 - 256 páginas Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. |
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... law clerk, I drafted a letter from Justice Thurgood Marshall to Justice Harry Blackmun, which some have thought ... Constitution's meaning (the subject of chapter 1), or we could deny them any role in Constitutional interpretation ...
... law of the land.”6 Lincoln would have none of it. He agreed that the Court's decision resolved the precise ... Constitution's other provisions. And even in detail they identify important principles that AGAINST JUDICIAL SUPREMACY 9.
... Constitution's requirement that all “Laws” be submitted to the president for signature.13 Chief Justice Warren ... constitutional scholars—about how the Constitution provides essential protections for 10 CHAPTER ONE.
Mark Tushnet. among constitutional scholars—about how the Constitution provides essential protections for human liberty. As ... Constitution's provisions.15 The Court has told us that to think about free speech, we have to worry about ...
... States, do ordain and establish this Constitution.”20 As Douglass understood, the national project includes vindicating the parts of the Constitution's preamble that resonate with the Declaration: the nation's commitment to “establish ...