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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... CONSTITUTION, THICK AND THIN Developing the argument against judicial supremacy and for a populist constitutional law requires me to introduce a distinction that will pervade this book—between the thick Constitution and the thin ...
... thin Constitution is different in this regard. We can think of the thin Constitution as its fundamental guarantees of equality, freedom of expression, and liberty. Note: Not “the First Amendment” or “the equal protection clause.” The ...
... constitutional law vindicates the thin Constitution. As Douglass and Lincoln knew, ordinary people could be committed to the thin Constitution in ways they could never be committed to the thick Constitution. And the thin Constitution is ...
... Constitution” requires, and disagreement with what the Supreme Court has said particular provisions mean, says nothing about whether the American people are in fact constituted by our attachment to the thin Constitution. Justice ...
... thin Constitution's meaning are best conducted by the people, in the ordinary venues for political discussion. Discussions among the people are not discussions by the people alone, however. Politics does not occur without politicians ...