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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... statute Congress enacts is constitutional only if it falls under one of these enumerated powers. The only power Congress purported to invoke to justify RFRA was section 5 of the Fourteenth Amendment, which gives Congress the power to ...
... statute? Should the Court's constitutional interpretations prevail over alternative interpretations offered by Congress? Does Congress do a decent job of thinking about the various constitu- tional issues—religious freedom, federalism ...
... statute denying a free public education to children of noncitizens illegally present in this country (Plyler v. Doe) ... statutes to enforce Proposition 187. But the U.S. Constitution requires the legislator to take an oath to uphold the ...
... statute asking us to do something—in Marbury, hear a 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 ...
Mark Tushnet. case got to the Supreme Court, which held the Georgia statute unconstitutional.26 An unconfirmed story has President Jackson saying, “John Marshall has made his decision; now let him enforce it.”27 Had Jackson actually ...