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. |
Dentro del libro
Resultados 1-5 de 49
... thought influenced the structure of Justice Blackmun's final opinion.) The tension between celebrating a Supreme Court decision finding abortion laws unconstitutional and extolling popular political power is my theme here. We can take ...
... thought seriously about the interpretive questions over a long period. Then, however, the normative weight comes from the expertise and the like, not from the office. It is constitutional because it deals with the fundamentals of our ...
... thought. • • • I have been thinking about the issues raised in this book for more than a decade, and snippets of its argument have appeared in other places. I presented most of chapter 1 as a lecture during the celebration of Princeton ...
... thought seriously about the problems discussed here, which I now believe to be far more important than almost anything else in constitutional law, had I not been repeatedly provoked into thinking about them by Levinson's work. Taking ...
... thought. Governor Faubus's resistance had provoked a real crisis of law and order, with white opponents of desegregation credibly threatening to inflict violence on anyone—in- cluding African-American children—who tried to desegregate ...