Why the Constitution Matters Mark Tushnet

Series:
Why X Matters
Format:
Hardback
Publication date:
01 May 2010
ISBN:
9780300150360
Dimensions:
224 pages: 210 x 140 x 23mm

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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.

Mark Tushnet is William Nelson Cromwell Professor of Law at Harvard University. A graduate of Yale Law School, he served as law clerk to Justice Thurgood Marshall and now specializes in constitutional law and theory, including comparative constitutional law.

"Mark Tushnet has squared the circle by writing a book that is both accessible and highly sophisticated. It offers an engaging precis of Tushnet's own thought, and also of a large body of recent work at the intersection of legal theory and political science. Yet it refuses to oversimplify and itself makes fresh theoretical contributions. An admirable achievement that should improve public discourse about the role of the Constitution."--Adrian Vermeule, Harvard Law School--Adrian Vermeule