Following on Making Civil Rights Law, which covered Thurgood Marshall's career from 1936-1961, this book focuses on Marshall's career on the Supreme Court from 1961-1991, where he was the first African-American Justice. Based on thorough research in the Supreme Court papers of Justice Marshall and others, this book describes Marshall's approach to constitutional law in areas ranging from civil rights and the death penalty to abortion and poverty. It locates the Supreme Court from 1967 to 1991 in a broader socio-political context, showing how the nation's drift toward conservatism affected the Court's debates and decisions.

Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961-1991

Tushnet, Mark

Rules & Procedures

Oxford University Press

Global Perspectives on Constitutional Law

An ideal supplement for professors who wish to incorporate comparative law into their constitutional law courses, Global Perspectives on Constitutional Law introduces students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, the book offers a wide but select range of readings on interesting constitutional issues in sixteen accessible chapters. Each brief chapter presents foreign case materials on a particular constitutional topic along with notes and questions that further illuminate the comparisons between U.S. constitutional law and that of other nations. Featuring selections by expert contributors from a variety of ideological and demographic backgrounds, the volume is designed to encourage students to reexamine and deepen their understanding of U.S. constitutional law in light of the alternatives offered by other systems. Features *Modular design of chapters allows instructors to pick and choose which topics they use for comparative study *Brief chapters can be easily integrated into relevant class discussions *Chapters authored by top constitutional law scholars who frame the cases with introductory and concluding comments *Covers a broad range of contemporary constitutional issues including property rights, abortion rights, regulation of hate speech, regulation of campaign finance, and religious freedom

Amar, Vikram

Legal Theory & Systems

An ideal supplement for professors who wish to incorporate comparative law into their constitutional law courses, Global Perspectives on Constitutional Law introduces students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, the book offers a wide but select range of readings on interesting constitutional issues in sixteen accessible chapters. Each brief chapter presents foreign case materials on a particular constitutional topic along with notes and questions that further illuminate the comparisons between U.S. constitutional law and that of other nations. Featuring selections by expert contributors from a variety of ideological and demographic backgrounds, the volume is designed to encourage students to reexamine and deepen their understanding of U.S. constitutional law in light of the alternatives offered by other systems.Features *Modular design of chapters allows instructors to pick and choose which topics they use for comparative study*Brief chapters can be easily integrated into relevant class discussions*Chapters authored by top constitutional law scholars who frame the cases with introductory and concluding comments*Covers a broad range of contemporary constitutional issues including property rights, abortion rights, regulation of hate speech, regulation of campaign finance, and religious freedom

Self-described populist leaders around the world are dismantling their nation's constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. Context and detail matter.\nPower to the People offers a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition withn other more partisan ideas. This is followed by a similarly basic definition of populism. Comparing the two, this book argues that one facet of populism -its suspicion of institutions that are strongly entrenched against change by political majorities-is sometimes inconsistent with constitutionalism'sbthinly understood definition.\nThe book provides a series of case studies, some organized by nation, others by topic, to identify, more precisely, when and how populist programs are inconsistent with constitutionalism-and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority's views without always threatening constitutionalism.

Power to the People: Constitutionalism in the Age of Populism

Bugaric, Bojan

Foreign & International Law

Why the Constitution Matters (Why X Matters Series)

In this surprising and highly unconventional work, Harvard law professor Mark Tushnet poses a seemingly simple question that yields a thoroughly unexpected answer. The Constitution matters, he argues, not because it structures our government but because it structures our politics. He maintains that politicians and political parties—not Supreme Court decisions—are the true engines of constitutional change in our system. This message will empower all citizens who use direct political action to define and protect our rights and liberties as Americans.
Unlike legal scholars who consider the Constitution only as a blueprint for American democracy, Tushnet focuses on the ways it serves as a framework for political debate. Each branch of government draws substantive inspiration and procedural structure from the Constitution but can effect change only when there is the political will to carry it out. Tushnet’s political understanding of the Constitution therefore does not demand that citizens pore over the specifics of each Supreme Court decision in order to improve our nation. Instead, by providing key facts about Congress, the president, and the nature of the current constitutional regime, his book reveals not only why the Constitution matters to each of us but also, and perhaps more important, how it matters.

History

Americas

Yale University Press

A major legal scholar presents an empowering reassessment of our nation’s most essential document In this surprising and highly unconventional work, Harvard law professor Mark Tushnet poses a seemingly simple question that yields a thoroughly unexpected answer. The Constitution matters, he argues, not because it structures our government but because it structures our politics. He maintains that politicians and political parties—not Supreme Court decisions—are the true engines of constitutional change in our system. This message will empower all citizens who use direct political action to define and protect our rights and liberties as Americans.
Unlike legal scholars who consider the Constitution only as a blueprint for American democracy, Tushnet focuses on the ways it serves as a framework for political debate. Each branch of government draws substantive inspiration and procedural structure from the Constitution but can effect change only when there is the political will to carry it out. Tushnet’s political understanding of the Constitution therefore does not demand that citizens pore over the specifics of each Supreme Court decision in order to improve our nation. Instead, by providing key facts about Congress, the president, and the nature of the current constitutional regime, his book reveals not only why the Constitution matters to each of us but also, and perhaps more important, how it matters.

Constitutional Law

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.

Taking Back the Constitution: Activist Judges and the Next Age of American Law

The near conjunction of the bicentennial of the United States Constitution in 1989 and the completion of the European common market in 1992 provides a unique opportunity for the comparative consideration of constitutional federalism. The experience of the United States, with its mature federal system, offers some useful comparisons and insights into the processes that may follow in a further federalization of the European Community. This book, a collection of essays on the constitutional dimension of federalism, is drawn from a conference sponsored by the Delegation of the Commission of the European Communities, and presents substantial analytic material on problems of federalism and integration.The collection begins with a brief foreword by Lord Mackenzie-Stuart, discussing the European community's move toward a national identity. Following are the book's six chapters, written by U.S. and European legal scholars. The first provides important historical insights into the extended time period necessary before the United States could be considered a unified nation. Chapter two examines the complexities of the constitutional law of interregional migration and trade in the United States. A pair of complementary chapters describe how federal systems can respond to, and attempt to preserve, the diverse cultures that are located within an integrated political system. The use of local guarantees of fundamental rights as a counterweight to national norms follows, and a concluding chapter argues against any necessary path of development from economic to political, social, or cultural integration. A bibliographical essay, references, and a complete subject index are also included. This unique collection of essays will be a valuable contribution to courses in comparative law and political science, and an important addition to academic, public, and law libraries.

Comparative Constitutional Federalism: Europe and America (Contributions in Legal Studies)

Administrative Law

Praeger

An examination of the initial years of the Roberts Court and the intellectual battle between Roberts and Kagan for leadership. When John Roberts was appointed chief justice of the Supreme Court, he said he would act as an umpire. Instead, his Court is reshaping legal precedent through decisions unmistakably―though not always predictably―determined by politics as much as by law, on a Court almost perfectly politically divided. Harvard Law School professor and constitutional law expert Mark Tushnet clarifies the lines of conflict and what is at stake on the Supreme Court as it hangs “in the balance” between its conservatives and its liberals.
Clear and deeply knowledgeable on both points of law and the Court’s key players, Tushnet offers a nuanced and surprising examination of the initial years of the Roberts Court. Covering the legal philosophies that have informed decisions on major cases such as the Affordable Care Act, the political structures behind Court appointments, and the face-off between John Roberts and Elena Kagan for intellectual dominance of the Court, In the Balance is a must-read for anyone looking for fresh insight into the Court’s impact on the everyday lives of Americans.

In the Balance: Law and Politics on the Roberts Court

Legal History

W.W.Norton&Company

A Court Divided: The Rehnquist Court And The Future Of Constitutional Law

"An incisive consideration of the Supremes, offering erudite yet accessible clues to legal thinking on the most important level."--Kirkus Reviews In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

A Court Divided: The Rehnquist Court and the Future of Constitutional Law

See the best price to sell, buy, or rent books by Tushnet, Mark. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Tushnet, Mark

See the best price to sell, buy, or rent books by Tushnet, Mark. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961-1991

Global Perspectives on Constitutional Law

Global Perspectives on Constitutional Law

Power to the People: Constitutionalism in the Age of Populism

Why the Constitution Matters (Why X Matters Series)

Why the Constitution Matters (Why X Matters Series)

Taking Back the Constitution: Activist Judges and the Next Age of American Law

Comparative Constitutional Federalism: Europe and America (Contributions in Legal Studies)

In the Balance: Law and Politics on the Roberts Court

A Court Divided: The Rehnquist Court and the Future of Constitutional Law