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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... principle that the federal judiciary is supreme in the exposition of the law of the Constitution.” Calling that principle “a permanent and indispensable feature of our constitutional system,” the Court said that “it follows that the ...
... principles of that decision.”7 In his First Inaugural Address, delivered even as the South prepared for war over slavery, Lincoln again made his position clear. Dred Scott was “binding . . . upon the parties.” In addition, the Court's ...
Mark Tushnet. provisions. And even in detail they identify important principles that undergird our constitutional system. The “opinions in writing” clause, for example, is a way of ensuring that executive officials will be responsible to ...
... principles: the principle that all people were created equal, the principle that all had inalienable rights. This is the thin Constitution. I use the formulations I have—replacing “men” with “people,” omitting the Declaration's ...
... principles. Perhaps not every constituent is 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 ...