Taking the Constitution Away from the Courts
Autor Mark Tushneten Limba Engleză Paperback – 30 aug 2000
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.
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Specificații
ISBN-13: 9780691070353
ISBN-10: 0691070350
Pagini: 256
Dimensiuni: 156 x 233 x 15 mm
Greutate: 0.37 kg
Editura: Princeton University Press
Locul publicării:Princeton, United States
ISBN-10: 0691070350
Pagini: 256
Dimensiuni: 156 x 233 x 15 mm
Greutate: 0.37 kg
Editura: Princeton University Press
Locul publicării:Princeton, United States