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Books : Taking the Constitution Away from the CourtsIn association with Amazon.comby: Mark V. Tushnet  List Price: $45.00 Price: $18.99 You Save: $26.01 (58%)Prices subject to change. Availability: Usually ships in 1-2 business days
Dewey Decimal Number: 342.7302 EAN: 9780691004150 ISBN: 0691004153 Label: Princeton University Press Manufacturer: Princeton University Press Number Of Items: 1 Number Of Pages: 242 Publication Date: February 08, 1999 Publisher: Princeton University Press Studio: Princeton University Press Sales Rank: 1701435 Related Items:
Editorial Review: Product Description: This text challenges hallowed American traditions of juidicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. By examining a wide range of situations involving constitutional rights, the author urges the reader to to take responsibility for protecting their liberty. The book puts forward the idea of the creation of a constitutional law in which judicial declarations deserve no special consideration, citing the McCarthy incident in the 1950s as a prime example of how the judicial branch failed to enforce the will of the people. Average Rating:
 Rating:  - Provocative, if lackingMark Tushnet, spurred by thoughts stewing for at least a decade, proposes a new conception of constitutional law, one in which the Supreme Court is removed as the paramount authority on constitutional issues and replaced with the legislature: "populist constitutional law." Early chapters examine and argue against the current foundations of judicial supremacy. For each typical argument, usually accompanied with a corresponding article or book that has defended the position, the author ... Read More Rating: - Interesting look at how Americans value our ConstitutionThe sole purpose of the Constitution is to provide every individuals with their god given rights. (as our forefathers saw them) The author describes the world as he sees it today; he challenges a world of judicial review and judicial supremacy. The author argues for us to take the rights that we are granted in the constitution and defend them, defining ourselves as "We the People of the United States..." The views are established using past judicial decisions with "judicial legitimacy" being determined ... Read More Rating:  - Moderately Coherent, Dubiously ArguedFascinated by constitutional law, I approached Tushnet's book interested in a stand against the notion of judicial review, a central tenet of American jurisprudence. Tushnet's approach, although fleshed out, is not particularly useful to those interested in the theoretical underpinnings of judicial review. Instead, the book maintains a fairly consistent position that is dubiously supported throughout. Through inconsistent use of caselaw, and little analysis of the legal reasoning of the cases ... Read More Rating: - Dissonant polemicsResiding somewhere between scholarly and demagoguery is the best address for this effort. The attempt to foster innovative thought is obvious, but the book does little more than that. More troubling is the tendency to quote Madison and Lincoln from context, asserting points that perplex the issue, without ever giving equal time to either voice that might help decide the issue. Deliberation may well benefit from this work but it spends enormous time dealing with unconstitutional remedies for constitutional ... Read More Rating: - The author presents a problem but no solutions.The author states "We can take the Constitution away from the courts in several ways." He then lists those methods, suggests a move to "populist constitutional law" which is "a law oriented to realizing the principles of the Declaration of Independence and the Constitution's Preamble" and give scant clues about what any of the above really mean or how they can be carried out. He also says that his arguments for a populist constitutional law "is [not] the only, or even the best, interpretation of the ... Read More Browse for similar items by category:
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