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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... fundamentals of our political order. I allude to practices in other constitutional democracies with some regularity, generally to highlight aspects of our practices that are not essential to having a vibrant constitutional system. The ...
... fundamental issues about the status of the Constitution in our political order. I doubt that I would have thought seriously about the problems discussed here, which I now believe to be far more important than almost anything else in ...
... fundamental guarantees of equality, freedom of expression, and liberty. Note: Not “the First Amendment” or “the equal protection clause.” The reason for referring only to fundamental guarantees and not specific constitutional provisions ...
... fundamental. Perhaps more important, the nation's commitment to the thin Constitution constitutes us as the people of the United States, and constituting a people is a morally worthy project. My claims about the thin Constitution blend ...
... fundamental commitments even if they thereby do provoke a constitutional crisis. The range is not infinite, however. Law professor Geoffrey Miller suggests that a president or legislator can provoke a constitutional crisis by defying ...