Taking Back The Constitution
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Taking Back The Constitution
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Author : Mark Tushnet
language : en
Publisher: Yale University Press
Release Date : 2020-07-03
Taking Back The Constitution written by Mark Tushnet and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-03 with Law categories.
How the Supreme Court's move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just "calling balls and strikes." The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices' impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism--a move that would restore to the other branches of government a role in deciding constitutional questions.
Taking The Constitution Away From The Courts
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2000-07-24
Taking The Constitution Away From The Courts written by Mark Tushnet and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-07-24 with Law categories.
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.
Taking The Constitution Seriously
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Author : Walter Berns
language : en
Publisher:
Release Date : 1991
Taking The Constitution Seriously written by Walter Berns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Constitutional history categories.
The seven formidable essays that make up this new analysis explore the Constitution and its central place in the development of the first nation to be built on the foundation of the rights of man. Of particular interest is Berns's view of minorities under the Constitution. Overall, the book will be well received by serious students of the American political experience, but others might find it difficult going.
The Second Constitutional Convention
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Author : Richard E. Labunski
language : en
Publisher: Marley & Beck Press
Release Date : 2000
The Second Constitutional Convention written by Richard E. Labunski and has been published by Marley & Beck Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with History categories.
People are fed up with politics in this country and with good reason. Under our Constitution, we are supposed to be able to throw out elected officials who care more about contributors and lobbyists than the citizens they represent. Yet incumbents are able to raise so much campaign money it is almost impossible to defeat them.
The Workplace Constitution From The New Deal To The New Right
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Author : Sophia Z. Lee
language : en
Publisher: Cambridge University Press
Release Date : 2014-11-10
The Workplace Constitution From The New Deal To The New Right written by Sophia Z. Lee and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-10 with History categories.
This book explains why most Americans lack constitutional rights on the job and can be fired for almost any reason or no reason at all.
The Anti Oligarchy Constitution
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Author : Joseph Fishkin
language : en
Publisher: Harvard University Press
Release Date : 2022-01-11
The Anti Oligarchy Constitution written by Joseph Fishkin and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-11 with Law categories.
A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the Òrepublican form of governmentÓ the Constitution requires. Today, courts enforce the Constitution as if it has almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this Òdemocracy of opportunityÓ tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of slave power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the Òeconomic royalistsÓ and Òindustrial despots.Ó But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.
Reclaiming Accountability
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Author : Heidi Kitrosser
language : en
Publisher: University of Chicago Press
Release Date : 2015-01-06
Reclaiming Accountability written by Heidi Kitrosser and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-06 with Law categories.
Americans have long treated government accountability as a birthright. However, accountability is frequently tossed about in a rhetorically effective but substantively empty way. We often feel that those in government “work for us” and therefore must “answer to us,” but fail to grapple with the conditions under which we can really assess how accountable our government is. This is especially true with respect to matters of secrecy and transparency in government as, while we routinely voice support for transparency and accountability, we too often tolerate secrecy when associated with “national security.” The government plainly needs to keep some information secret, and there are ways to reconcile secrecy with accountability. In Reclaiming Accountability, unchecked secrecy is the primary concern as insufficient checking breeds unnecessary, even counterproductive, secrecy and is also deeply antithetical to accountability. Heidi Kitrosser shows how, for all of its influence, “presidentialism” badly misreads the Constitution. The book first explains presidentialism and its major component parts – “supremacy” and “unitary executive theory.” It then details how supremacy and unitary executive theory manifest themselves as arguments for a broad presidential power to control information. The descriptive elements lay the groundwork for Kitrosser's two normative arguments. The first is that the Constitution situates the presidency within a substantive accountability framework that entails substantial congressional and judicial leeway to impose and enforce external and internal checks on presidential power to foster transparency and accountability. And, closely related, the second argument is that supremacy and unitary executive theory misread the Constitution.
Fault Lines In The Constitution
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Author : Cynthia Levinson
language : en
Publisher: Peachtree Publishers
Release Date : 2017-09-01
Fault Lines In The Constitution written by Cynthia Levinson and has been published by Peachtree Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-01 with Juvenile Nonfiction categories.
Many of the political issues we struggle with today have their roots in the US Constitution. Husband-and-wife team Cynthia and Sanford Levinson take readers back to the creation of this historic document and discuss how contemporary problems were first introduced—then they offer possible solutions. Think Electoral College, gerrymandering, even the Senate. Many of us take these features in our system for granted. But they came about through haggling in an overheated room in 1787, and we’re still experiencing the ramifications. Each chapter in this timely and thoughtful exploration of the Constitution’s creation begins with a story—all but one of them true—that connects directly back to a section of the document that forms the basis of our society and government. From the award-winning team, Cynthia Levinson, children’s book author, and Sanford Levinson, constitutional law scholar, Fault Lines in the Constitution will encourage exploration and discussion from young and old readers alike.
The Collapse Of Constitutional Remedies
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Author : Aziz Z. Huq
language : en
Publisher: Oxford University Press
Release Date : 2021
The Collapse Of Constitutional Remedies written by Aziz Z. Huq and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with LAW categories.
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Shh We Re Writing The Constitution
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Author : Jean Fritz
language : en
Publisher: Nám
Release Date : 1990
Shh We Re Writing The Constitution written by Jean Fritz and has been published by Nám this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with categories.