In his 1996 State of the Union Address, President Bill Clinton
announced that the "age of big government is over." Some Republicans
accused him of cynically appropriating their themes, while many
Democrats thought he was betraying the principles of the New Deal and
the Great Society. Mark Tushnet argues that Clinton was stating an
observed fact: the emergence of a new constitutional order in which
the aspiration to achieve justice directly through law has been
substantially chastened. Tushnet argues that the constitutional
arrangements that prevailed in the United States from the 1930s to the
1990s have ended. We are now in a new constitutional order--one
characterized by divided government, ideologically organized parties,
and subdued constitutional ambition. Contrary to arguments that
describe a threatened return to a pre-New Deal constitutional order,
however, this book presents evidence that our current regime's
animating principle is not the old belief that government cannot solve
any problems but rather that government cannot solve any more
problems. Tushnet examines the institutional arrangements that support
the new constitutional order as well as Supreme Court decisions that
reflect it. He also considers recent developments in constitutional
scholarship, focusing on the idea of minimalism as appropriate to a
regime with chastened ambitions. Tushnet discusses what we know so far
about the impact of globalization on domestic constitutional law,
particularly in the areas of international human rights and
federalism. He concludes with predictions about the type of regulation
we can expect from the new order. This is a major new analysis of the
constitutional arrangements in the United States. Though it will not
be received without controversy, it offers real explanatory and
predictive power and provides important insights to both legal
theorists and political scientists.
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Product details
ISBN
9781400825554
Published
2013
Publisher
Princeton University Press
Language
Product language
Engelsk
Format
Product format
Digital bok
Number of pages
288
Author