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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... Problems,” 63 Geo. Wash. L.Rev. 466 (1995). Parts of chapters 6 and 7 were presented at a seminar at Southern Methodist University Law School, and published as “The Critique of Rights,” 47 SMU L.Rev. 23 (1993). A few paragraphs in ...
... problems discussed here, which I now believe to be far more important than almost anything else in constitutional law, had I not been repeatedly provoked into thinking about them by Levinson's work. Taking the Constitution Away from the ...
... burdened religious exercise, but, the Court said, there was precious little evidence that there was a serious problem of laws actually directed at religious exercise. So Congress was not remedying existing PROLOGUE 4.
... problem of laws targeted at religious exercise that somehow snuck through disguised as general laws. This recent ... problems, some real and some hypothetical, to do so. The RFRA controversy occasionally emerges from the background, to ...
... problem Proposition 187 poses for state officials. And, unless we can figure out some answer to that position, the project of taking the Constitution away from the courts, of developing a populist constitutional law, cannot get off the ...