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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... concern about the preservation of our liberties. We can also take the Constitution away from the courts and embed it in our own deliberations. Chapters 2, 3, and 4 describe how we can think about the Constitution without having the ...
... concerned that the new construction would destroy the old church's appearance and would interfere with the city's economic development plan, which was to support efforts to promote tourism by preserving the area's historic character. It ...
... concerned, and perhaps many are not troubled enough to throw the politician out of office solely because the politician favors one program some constituents think inconsistent with the thin Constitution, but politicians become cautious ...
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