Taking Back the Constitution: Activist Judges and the Next Age of American Law
Mark Tushnet
May 2020 · Highbridge Audio · Narrated by Peter Lerman
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9 hr 54 min
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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.
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.
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...
About the author
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.
Peter Lerman is a narrator from the heart of New York City: Brooklyn born and raised. He has appeared onstage as Horace Vandergelder in Hello Dolly, Bobby Gould in Speed-the-Plow, the Governor of Texas in Best Little Whorehouse..., Jonathan Brewster in Arsenic and Old Lace, and Lenny in Rumors.
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. Peter Lerman is a narrator from the heart of New York City: Brooklyn born and raise...
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