Constitutional choices

Type
Book
Authors
ISBN 10
0674165381 
ISBN 13
9780674165380 
DDC
342.73 
Category
American Law  [ Browse Items ]
Publication Year
1985 
Pages
xiv, 458 pages 
Subject
American Constitutional Law 
Abstract
"Challenging the ruling premises underlying many of the Supreme Court's positions on fundamental issues of government authority and individual rights, Tribe shows how the Court is increasingly coming to resemble a judicial Office of Management and Budget, straining constitutional discourse through a managerial sieve to defend its constitutional rulings. Tribe explains how the Court's "calculus" systematically excludes basic concerns about the distribution of wealth and power and conceals fundamental choices about the American polity. Calling for a more candid confrontation of those choices, Tribe exposes what has gone wrong and suggests how the Court can reclaim the historic role entrusted to it by the Constitution" - Voila  
Description
Content:

Futile search for legitimacy -- Pointless flight from substance -- False equation of proceduralism with passivity: a Constitution we are amending-and construing -- Construing the sounds of congressional and Constitutional silence -- Silencing the oracle: carving disfavored rights out of the jurisdiction of the Federal Courts -- Entrusting non-legislative power to Congress -- Entrusting federal judicial power to hybrid tribunals -- Choke holds, church subsidies, and nuclear meltdowns: problems of standing? -- Errant trajectory of state sovereignty -- Congressional action as context rather than message: the case of interstate bank mergers -- Guam's vanishing bonds: a vignette in taxation without legislation -- Compensation, contract, and capital: preserving the distribution of wealth -- Speech as power: of swastikas, spending, and the mask of "neutral principles" -- Dismantling the house that racism built: assessing "affirmative action" -- Reorienting the mirror of justice: gender, economics, and the illustration of the "natural" -- Refocusing the "state action" inquiry: separating state acts from state actors. 
Biblio Notes

Includes bibliographical references (pages 271-429).  
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