Mark Tushnet Livres

How the Supreme Court's move to the right has distorted both logic and the Constitution

Institutions protecting constitutional democracy, such as election commissions and anticorruption investigators, are an increasingly important feature in modern constitutions. The book explains why these institutions are needed in a world where competition among political parties can undermine rather than protect democracy.

Shows how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. This book describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own.

This is the second edition of Professor Tushnet's short critical introduction to the history and current meaning of the United States' Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend. Second, the Constitution creates a structure of political opportunities that allows political actors, icluding political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Deploying these themes to examine the structure f the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way he US constitutional system has developed and what it means today.

Mark Tushnet critiques the American traditions of judicial review and judicial supremacy, arguing that the responsibility for safeguarding constitutional rights lies not solely with judges but with the citizens. He challenges the notion that judicial review is a comforting safeguard, urging individuals to actively engage in the political process and take ownership of their liberties. By emphasizing collective responsibility, Tushnet calls for a redefinition of civic engagement, asserting that the Constitution is a shared commitment of "We the People" in various democratic arenas.

The book offers a critical analysis of the Rehnquist Court's eighteen-year tenure, highlighting the internal divisions among justices that transcend traditional liberal-conservative lines. It emphasizes a rift between justices aligned with the modern Republican Party and those adhering to an older Republican tradition. This schism has led to a mixed legacy, where the Court has supported economic conservatism while often undermining social conservatism, setting the stage for a more radical conservative direction in the future.

The book explores John Roberts' tenure as chief justice, highlighting his promise to serve as an impartial umpire while revealing how the Supreme Court has become increasingly influenced by political dynamics. It examines the significant legal precedents reshaped under his leadership, showcasing the tension between law and politics in a court that is sharply divided. Through detailed analysis, it delves into the implications of these decisions on the judicial landscape and the broader political context.

The book explores President Bill Clinton's assertion during his 1996 State of the Union Address about the end of "big government," analyzing the political ramifications of this statement. Mark Tushnet contends that Clinton's declaration reflects a significant shift in the constitutional landscape, where the pursuit of justice through legal means has become more restrained. The work delves into the reactions from both Republicans and Democrats, highlighting the broader implications for American governance and the evolving relationship between law and social justice.

Examining Southern slave law from 1810 to 1860, the book highlights the stark contrast between slave labor systems and capitalist production. It emphasizes the complete control masters had over slaves, which required acknowledgment of their humanity, versus the capitalist focus on purchasing labor without personal regard. Through an analysis of various legal aspects such as contract, accident, and criminal law, it illustrates how Southern slave law navigated the conflicting demands of ethical considerations and economic interests.

Exploring the necessity of a theory of constitutional interpretation, this work delves into the complexities of legal scholarship and the implications for understanding constitutional law. The author examines various perspectives on interpretation, challenging readers to consider the foundational principles that guide judicial decision-making. Through rigorous analysis, the book invites a reevaluation of how constitutions are understood and applied in contemporary legal contexts.