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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... Political scientist Louis Fisher and his law school collaborator Neal Devins have shown how members of Congress go about interpreting the Constitution. (Fisher, Constitutional Dialogues; Fisher and Devins, Political Dynamics of ...
... politics, in two senses: Populist constitutional law gains its content from discussions among the people in ordinary political forums, and political leaders play a significant role in assisting the people as we conduct those discussions ...
... political incentives to comply with their requirements.11 Sometimes it is because the provisions are so pointless ... political dynamics somewhat. But the effect is not obviously large, because the president has to expend some political ...
... political rule.” The Constitution should be amended as quickly as political circumstances made possible, if its provisions impeded the project. And a political leader 12 CHAPTER ONE.
Mark Tushnet. if its provisions impeded the project. And a political leader can provoke a constitutional crisis when political circumstances make it impossible to advance the nation's project. Challenged during the Civil War that his ...