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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... effect” of burdening their religious exercises. The Court actually did not find many constitutional violations. For example, it let the armed forces apply a general rule against wearing non-official headgear to an Orthodox Jew who ...
... effect[s] of a generally applicable and otherwise valid provision.” The Court's decision was immediately criticized by a wide range of religious organizations. Eventually a coalition that spanned the religious right and the secular left ...
... effect.” The Little Rock case presented a particularly appealing setting for asserting judicial supremacy. Brown was unquestionably right, or so the justices and a large part of the country thought. Governor Faubus's resistance had ...
... effect of following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice.” But, Lincoln ...
... effect is not obviously large, because the president has to expend some political capital in opposing Congress, and it is not obviously a good thing, in light of the expansion of presidential power in the twentieth century. Public ...