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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... claims—and that, the Court said, was already protected by the individualized hearings provided in unemployment cases ... claimed that state laws applicable to everyone, as South Carolina's unemployment compensation law was, had the ...
... claim.3 Justice Antonin Scalia's opinion for the Court abandoned the “compelling state interest” test. As Justice Scalia saw it, such a test forced the courts to engage in an inappropriate balancing of a ritual's importance to believers ...
... claim that he was not required to follow Brown's directives. Relying on Marshall's statement, the Court asserted ... claiming that he had become free because of his residence in Minnesota. Hoping to take contention over slavery off the ...
... claims about the thin Constitution blend a description of the people of the United States with an argument about why the thin Constitution, as I describe it, is an element in a good society. As I argue in more detail in chapter 8, the ...
... claimed that his actions advanced the Declaration's project. The most he could establish was that he was acting on behalf of states' rights, which he might connect to the Preamble by citing its first purpose, “to form a more perfect ...