HighBridge Audio

Skip to Main Content »

Category Navigation:

Search Site

Taking Back the Constitution

Nonfiction: Politics & Current Events
Unabridged   11 hour(s)
Publication date: 05/19/2020

Taking Back the Constitution

Activist Judges and the Next Age of American Law

Available from major retailers or BUY FROM AMAZON
Audio CD ISBN:9781696600545
Digital Download ISBN:9781696600538


In Taking Back the Constitution, Mark Tushnet offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism.

Be the first to review this product
Email to a Friend

Product Description

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.

Author Bio

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.