Coverart for item
The Resource Taking the Constitution away from the courts, Mark Tushnet

Taking the Constitution away from the courts, Mark Tushnet

Label
Taking the Constitution away from the courts
Title
Taking the Constitution away from the courts
Statement of responsibility
Mark Tushnet
Creator
Subject
Genre
Language
eng
Summary
  • Content Description
  • Annotation
  • Annotation
Cataloging source
CaPaEBR
http://library.link/vocab/creatorDate
1945-
http://library.link/vocab/creatorName
Tushnet, Mark V.
Index
index present
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/subjectName
  • Constitutional law
  • Judicial review
  • Legislative power
  • Politics, Practical
  • Droit constitutionnel
  • Contrôle juridictionnel des lois
  • Pouvoir législatif
  • Institutions politiques
  • LAW
  • LAW
  • Constitutional law
  • Judicial review
  • Legislative power
  • Politics, Practical
  • United States
  • Droit constitutionnel
  • Politique, Pratiques de la
  • Contrôle juridictionnel des lois
  • Pratique constitutionnelle
Summary expansion
  • #Includes bibliographical references and index
  • 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. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--The fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century
  • Mark Tushnet challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. 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". His clarion call for a new kind of constitutional law is essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century
Label
Taking the Constitution away from the courts, Mark Tushnet
Instantiates
Publication
Bibliography note
Includes bibliographical references (pages 227-235) and index
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Prologue -- Against judicial supremacy -- Doing constitutional law outside the courts -- The question of capability -- The constitutional law of religion outside the courts -- The incentive-compatible constitution -- Assessing judicial review -- Against judicial review -- Populist constitutional law
Control code
ocn614695159
Dimensions
unknown
Extent
1 online resource (xii, 242 pages)
Form of item
online
Isbn
9781400808168
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Note
JSTOR
http://library.link/vocab/ext/overdrive/overdriveId
22573/ctt115z8
Specific material designation
remote
System control number
(OCoLC)614695159
Label
Taking the Constitution away from the courts, Mark Tushnet
Publication
Bibliography note
Includes bibliographical references (pages 227-235) and index
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Prologue -- Against judicial supremacy -- Doing constitutional law outside the courts -- The question of capability -- The constitutional law of religion outside the courts -- The incentive-compatible constitution -- Assessing judicial review -- Against judicial review -- Populist constitutional law
Control code
ocn614695159
Dimensions
unknown
Extent
1 online resource (xii, 242 pages)
Form of item
online
Isbn
9781400808168
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Note
JSTOR
http://library.link/vocab/ext/overdrive/overdriveId
22573/ctt115z8
Specific material designation
remote
System control number
(OCoLC)614695159

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