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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... opinion.) The tension between celebrating a Supreme Court decision finding abortion laws unconstitutional and extolling popular political power is my theme here. We can take the Constitution away from the courts in several ways. We ...
... opinion for the Court abandoned the “compelling state interest” test. As Justice Scalia saw it, such a test forced the courts to engage in an inappropriate balancing of a ritual's importance to believers against the state's interest in ...
... 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 note several characteristics of the provisions that thicken the ...
... opinions in writing” clause, for example, is a way of ensuring that executive officials will be responsible to the ... opinion appeared to acknowledge that this result produced a government that was “clumsy, inefficient, [and] even ...
... opinions in writing from cabinet members.14 The thin Constitution is different in this regard. We can think of the thin Constitution as its fundamental guarantees of equality, freedom of expression, and liberty. Note: Not “the First ...