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9780300245981
Overview
Overview
Asserting that the Supreme Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings and that 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.
This volume looks at the current crossroads in the constitutional order and 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 of these outcomes, Tushnet 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.
This volume looks at the current crossroads in the constitutional order and 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 of these outcomes, Tushnet 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.
- Format: Hardcover
- Author: Tushnet, Mark
- ISBN: 9780300245981
- Condition: Used
- Dimensions: 8.50 x 1.20
- Number Of Pages: 320
- Publication Year: 2020