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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... Welfare, and secure the Blessings of Liberty to . . . our posterity.” Populist constitutional law vindicates the thin Constitution. As Douglass and Lincoln knew, ordinary people could be committed to the thin Constitution in ways they ...
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