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. |
Dari dalam buku
Hasil 1-5 dari 88
... example, it let the armed forces apply a general rule against wearing non-official headgear to an Orthodox Jew who wanted to wear his yarmulke.2 But the constitutional standard, the Court repeatedly said, was the “compelling state ...
... example, may have to ask about the citizenship status of the parents of children who attempt to enroll in their schools. They are supposed to refuse to admit children affected by Proposition 187. Would a school principal do something ...
... example, a provision stipulating that the president “may require the Opinion, in writing, of the principal Officer in each of the Executive Departments, upon any Subject relating to the Duties of their respective Offices.”10 We should ...
... example, is a way of ensuring that executive officials will be responsible to the president for their actions, and that the people can hold the president responsible for what happens throughout the government. Judicial silence. The ...
... example, while his adversaries believe that the same principle justifies such programs.24 The people may indeed divide over whether restricting access via the Internet to sexually explicit material is consistent with the nation's free ...