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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... tional law. (Parker, “Here, the People Rule,” uses the term in a slightly different way from mine, though our usages are related.) It is populist because it distributes responsibility for constitutional law broadly. In a populist theory ...
... tional issues—religious freedom, federalism, separation of powers—RFRA raises? What may Congress do when the Court decides a case in a way that large majorities think profoundly wrong-headed? The controversy over RFRA raises these ...
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