Taking Back the Constitution, Mark Tushnet
Taking Back the Constitution, 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 Download

Publisher: Kalorama

Published: 05/19/2020


Synopsis

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.

About Mark Tushnet

Mark Tushnet is William Nelson Cromwell Professor of Law at Harvard Law School. His books include Why the Constitution Matters and In the Balance: Law and Politics on the Roberts Court. He lives in Washington, DC.


Reviews

Goodreads review by Dawn

Taking Back the Constitution by Mark Tushnet 978-0300245981 320 Pages Publisher: Yale University Press Release Date: July 14, 2020 Non-fiction, History, Politics, Judicial Branch, Law There is a reference from John Roberts that judges are like umpires at a ballgame calling balls and strikes. To me it is h......more

Taking Back the Constitution : Activist Judges and the Next Age of American Law is an insightful and thought provoking look at how judges’ own views influence how they decide cases. Extremely relevant and eye opening read.......more

Goodreads review by Dan

This is an interesting book about current state of judiciary, the Supreme Court in certain areas, and ways to address the current situation. Not everyone will agree with the author on his thoughts and conclusions, but worth a read. It does identify much that is wrong with the current sitaution.......more

Goodreads review by Patrick

Mark Tushnet is, in my opinion, the best writer in the legal academy today. If you’re interested in the Supreme Court and constitutional politics, you should read this book.......more