Taking Back the Constitution: Activist Judges and the Next Age of American Law
ISBN-13:
9780300245981
ISBN-10:
030024598X
Author:
Mark Tushnet
Publication date:
2020
Publisher:
Yale University Press
Format:
Hardcover
320 pages
Category:
General
,
Constitutional Law
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Book details
ISBN-13:
9780300245981
ISBN-10:
030024598X
Author:
Mark Tushnet
Publication date:
2020
Publisher:
Yale University Press
Format:
Hardcover
320 pages
Category:
General
,
Constitutional Law
Summary
Taking Back the Constitution: Activist Judges and the Next Age of American Law (ISBN-13: 9780300245981 and ISBN-10: 030024598X), written by authors
Mark Tushnet, was published by Yale University Press in 2020.
With an overall rating of 4.1 stars, it's a notable title among other
General
(Constitutional Law) books. You can easily purchase or rent Taking Back the Constitution: Activist Judges and the Next Age of American Law (Hardcover) from BooksRun,
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Description
How the Supreme Court’s move to the right has distorted both logic and the Constitution
The Supreme Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings, and social, moral, and yes, political ideas have always played into Supreme Court 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 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 the other branches of government’s role in deciding constitutional questions.
The Supreme Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings, and social, moral, and yes, political ideas have always played into Supreme Court 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 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 the other branches of government’s role in deciding constitutional questions.
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