Taking the Constitution Away from the Courts

ISBN: 9780691070353 出版年：2000 页码：254 Tushnet, Mark Princeton University Press

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.