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Languages : en
Pages :
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Author:
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Category :
Languages : en
Pages :
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Author: Horace Andrew Davis
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 172
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Book Description
Author: John V. Sullivan
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 72
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Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 1400822971
Category : Law
Languages : en
Pages : 255
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Book Description
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.
Author: Horace Andrew Davis
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584772123
Category : Courts
Languages : en
Pages : 156
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Book Description
Davis, Horace A. The Judicial Veto. Boston: Houghton Mifflin Company, 1914. vi, 148 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001045982. ISBN 1-58477-212-3. Cloth. $60. * To support his view that judicial review is not a branch of jurisprudence, and that the constitutionality of statutes is a political rather than a legal function, Davis offers three essays: "Extra-Constitutional Review," which lays out his argument in terms of the political activity of the time, "Judicial Review," an essay in which he offers solutions and "Annulment of Legislation by the Supreme Court," an historical study of the origin of the concept of judicial review in the Court.
Author: Wisconsin. Legislature. Assembly
Publisher:
ISBN:
Category : Bills, legislative
Languages : en
Pages : 1552
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Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1414
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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Author:
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ISBN: 9780872927216
Category : Constitutions
Languages : en
Pages : 0
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Author: Chester Collins Maxey
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 736
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Book Description
Author: Charles M. Cameron
Publisher: Cambridge University Press
ISBN: 9780521625500
Category : Political Science
Languages : en
Pages : 316
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Book Description
Combining game theory with unprecedented data, this book analyzes how divided party Presidents use threats and vetoes to wrest policy concessions from a hostile congress.
