Taking Back the Constitution: Activist Judges and the Next Age of American Law, Mark Tushnet
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Taking Back the Constitution: Activist Judges and the Next Age of American Law

Author: Mark Tushnet

Narrator: Peter Lerman

Unabridged: 9 hr 54 min

Format: Digital Audiobook

Publisher: Highbridge Audio

Published: 05/19/2020

Genre: Law - Constitutional


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.


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