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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... gives Congress the power to “enforce” Bill of Rights guarantees such as the protection of religious exercise. But, the Court said, RFRA could not reasonably be understood as “enforcing” free exercise rights. After all, the peyote case ...
... gives broad authority to an executive official to act; it then sees what the official has done, and if Congress does not like the action, it “vetoes” the official's action. The Supreme Court held that legislative vetoes were ...
... gives us the opportunity to construct an attractive narrative of American aspiration, and constructing such a ... give some more substance to the idea of the thin Constitution by considering Lincoln's role in the Civil War.21 As ...
... give the term a somewhat broader meaning. Sometimes the Court's doctrine makes what legislatures have actually done relevant to its constitutional interpretations. The Court's death penalty cases, for example, make “evolving standards ...
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