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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... particular class of cases—you can't keep us from saying what the law is. And the Constitution itself says that it is law—indeed, supreme law.” On this reading, Marshall's statement simply refers to what courts do. It has nothing to say ...
... particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice.” But, Lincoln continued, “the people will have ceased to be their ...
... particular circumstances. The fact that surveys show public ignorance of abstractly stated provisions in the Bill of Rights, sharp disputes about what “the Constitution” requires, and disagreement with what the Supreme Court has said ...
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