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Taking the Constitution Away from the Courts
by Mark Tushnet
ISBN 0691004153 / 9780691004150 / 0-691-00415-3
Publisher Princeton University Press
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This text challenges hallowed American traditions of juidicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. By examining a wide range of situations involving constitutional rights, the author urges the reader to to take responsibility for protecting their liberty. The book puts forward the idea of the creation of a constitutional law in which judicial declarations deserve no special consideration, citing the McCarthy incident in the 1950s as a prime example of how the judicial branch failed to enforce the will of the people. [via]