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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... citizens, be law? The reason for calling what I deal with in this book a populist constitutional law will emerge more clearly as the argument proceeds. For present purposes I can say that it is law because it x PREFACE.
... present that lecture, which has been published as “The Hardest Question in Constitutional Law,” 81 Minn. L.Rev. 1 (1996). A very early version of chapter 4, quite different from the one presented here, was published in James E. Wood, Jr ...
... present in this country (Plyler v. Doe).1 In 1994 California's voters approved Proposition 187, an amendment to the state's constitution that, among other things, would deny a free public education to that same class of children. A ...
... present the question of judicial supremacy. But it is worth pausing to think about situations in which it might seem that an official could reject the Supreme Court's constitutional interpretations without running the risk of becoming ...
... present U.S. constitutional system does not in itself fatally undermine the theory of judicial supremacy.35 The limits on judicial review show at most that, as we understand our system today, the domain of judicial supremacy might not ...