Taking back the Constitution : activist judges and the next age of American law /
Tushnet, Mark V.,1945-author.
Includes bibliographical references (pages 283-299) and index.
Part one: Where we are now -- Calling balls and strikes -- Originalisms -- Playing politics -- "We've done enough" : the constitutional law of race -- The court and conservative movements -- Culture wars, yesterday and today -- Part two: Where a modern Republican Supreme Court might take us -- Strengthening a new constitutional order : partisan entrenchment and fulfilling campaign pledges -- The business agenda -- Deconstructing the administrative state -- Possibilities thwarted and revived -- The weaponized First Amendment -- Part three: Progressive alternatives : the short run -- Winning elections, enacting statutes -- Putting courts on the progressive agenda -- Playing constitutional hardball -- Part four: Progressive alternatives : the long run -- Popular constitutionalism versus judicial supremacy -- Amending the Constitution -- Conclusion: 2020 and after -- Appendix: Strategies of Supreme Court decision-making.
United States. Supreme Court.
United States. Supreme Court.
Political questions and judicial power
Judicial review
Constitutional law
Constitutional law.
Judicial review.
Political questions and judicial power.