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. |
Dari dalam buku
Hasil 1-5 dari 49
... require all workers to work six days a week. Mrs. Sherbert was fired when she refused to work on Saturday. She applied for unemployment compensation, but South Carolina's government refused to pay, saying that she had failed to accept ...
... requires the legislator to uphold the state constitution and laws. Do those two oaths conflict? And if they do ... require them— to disregard Plyler.” Explaining that answer, however, is more complicated than we might think. The first ...
... requires me to introduce a distinction that will pervade this book—between the thick Constitution and the thin ... require the Opinion, in writing, of the principal Officer in each of the Executive Departments, upon any Subject relating ...
... require the official to report on his or her proposed action, and can pass a law barring the proposal. True, that law has to be signed by the president, which means that the Court's decision changes the political dynamics somewhat. But ...
... require opinions in writing from cabinet members.14 The thin Constitution is different in this regard. We can think of the ... requires. What, then, is the thin Constitution? Political scientist Gary Jacobsohn has helpfully retrieved an ...