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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... result in Cooper v. Aaron without committing us to a theory of judicial supremacy that would be inconsistent with populist constitutional law.9 THE CONSTITUTION, THICK AND THIN Developing the argument against judicial supremacy and for ...
... result produced a government that was “clumsy, inefficient, [and] even unworkable,” but found the result required by the “hard choices . . . consciously made” by the framers. We do not have to examine the merits of the Court's holding ...
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