Title
Taking The Constitution Away From The Courts
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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 Otherwhether 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 ConstitutionThe 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 Twentyfirst Century.
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- Q: What is the book's page count? A: The book has two hundred fifty-four pages. This length offers a comprehensive exploration of constitutional law and its implications.
- Q: What binding type does this book have? A: This book is a hardcover edition. Hardcover bindings provide durability and a professional appearance, suitable for academic and personal libraries.
- Q: Who is the author of this book? A: The author is Mark Tushnet. He is a leading scholar in constitutional law, contributing significantly to the field.
- Q: What is the main theme of the book? A: The main theme challenges traditional concepts of judicial review. Tushnet argues for a more populist interpretation of constitutional law.
- Q: Is this book suitable for legal professionals? A: Yes, it is suitable for legal professionals. The book provides critical insights into constitutional law that experts will find valuable.
- Q: What age group is this book intended for? A: This book is intended for adults and older teens. Its complex themes require a mature understanding of legal and political concepts.
- Q: How should I care for this hardcover book? A: To care for this hardcover book, keep it in a dry place and avoid exposure to direct sunlight. This helps maintain its condition over time.
- Q: Can this book be read in a book club? A: Yes, it can be read in a book club. Its thought-provoking themes promote engaging discussions about constitutional rights.
- Q: What is the recommended way to store this book? A: Store this book upright on a shelf to prevent warping. Ensure it's kept away from moisture to preserve the binding and pages.
- Q: How does this book compare to others in constitutional law? A: This book offers a unique perspective compared to others. Unlike many traditional texts, it emphasizes the role of citizens in upholding constitutional rights.
- Q: Is this book appropriate for academic research? A: Yes, this book is appropriate for academic research. It provides a scholarly examination of constitutional law, suitable for advanced studies.
- Q: What if my copy arrives damaged? A: If your copy arrives damaged, contact the retailer for a return or exchange. Most retailers have policies to address such issues.
- Q: Does this book include references or citations? A: Yes, the book includes references. Tushnet supports his arguments with citations from various legal cases and scholarly works.
- Q: What type of discussions can this book spark? A: This book can spark discussions about judicial power and citizen rights. It encourages readers to consider their role in constitutional democracy.
- Q: Is this book part of a larger series? A: No, this book is not part of a larger series. It stands alone as a critical work on constitutional law.