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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... issues: Should they vote for a proposal that the Supreme Court might hold unconstitutional? What if the Court has already held a similar proposal unconstitutional? Less often, they have to consider whether to defy a Supreme Court ruling ...
... issues raised by the Constitution outside the courts. (Brest, “Conscientious Legislator's Guide”; Brest and Levinson, Processes of Constitutional Decisionmaking.) Political scientist Louis Fisher and his law school collaborator Neal ...
... issues that thoughtful voters and elected officials should think about, and that are obscured by the elitist constitutional law that dominates contemporary legal thought. • • • I have been thinking about the issues raised in this book ...
... 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 constitutional ...
... issues. In what follows I use a series of problems, some real and some hypothetical, to do so. The RFRA controversy occasionally emerges from the background, to remind us that the issues I discuss are indeed real and important ones that ...