Taking the Constitution Away from the CourtsPrinceton University Press, 24 Jul 2000 - 256 halaman 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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Mark Tushnet. In Memory of Martin Ira Slate, 1945–1997 Friend and public servant CONTENTS Preface ix PROLOGUE 3 CHAPTER ONE Against Judicial Supremacy.
Mark Tushnet. CONTENTS. Preface ix PROLOGUE 3 CHAPTER ONE Against Judicial Supremacy 6 CHAPTER TWO Doing Constitutional Law Outside the Courts 33 CHAPTER THREE The Question of Capability 54 CHAPTER FOUR The Constitutional Law of Religion ...
... chapter 1), or we could deny them any role in Constitutional interpretation whatever (the subject of chapter 7). Chapters 5 and 6 argue that taking the Constitution away from the courts in this sense need not occasion deep concern about ...
... chapter appeared in “Two Versions of Judicial Supremacy,” 39 William & Mary L.Rev. 945 (1998). A version of chapter 2 was presented as the William J. Lockhart Lecture at the University of Minnesota Law School in the spring of 1996, and ...
... chapter 8 have been published in “ 'What Then is the American?,' ” 38 Ariz. L.Rev. 573 (1996) and “Living in a Constitutional Moment?: Lopez and Constitutional Theory,” 46 Case Western Res. L.Rev. 845 (1996). Even those who read every ...