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.
Les mer
Produktdetaljer
ISBN
9781400822973
Publisert
2013
Utgiver
Princeton University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Antall sider
256
Forfatter