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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... decision. (As a law clerk, I drafted a letter from Justice Thurgood Marshall to Justice Harry Blackmun, which some ... decisions to guide us. The overall project is summarized in chapter 8's description of populist constitutional law ...
... decisions made away from the courts, particularly by ordinary citizens, be law? The reason for calling what I deal with in this book a populist constitutional law will emerge more clearly as the argument proceeds. For present purposes I ...
... decision by an ordinary statute? Should the Court's constitutional interpretations prevail over alternative ... decisions, are not always the best vehicles for examining the most basic issues. In what follows I use a series of ...
... decision. Douglas said that the courts were created “so that when you cannot agree among yourselves on a disputed point you appeal to the judicial tribunal which steps in and decides for you, and that decision is binding 8 CHAPTER ONE.
... decisions have been made, they become the law of the land.”6 Lincoln would have none of it. He agreed that the Court's decision resolved the precise controversy before it; Dred Scott would remain a slave. But he rejected the decision ...