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Power to the People proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. By providing a series of case studies, some organized by nation, others by topic, the book identifies these populist inconsistencies with constitutionalism-and, importantly, when and how they are not. Opening a dialogue for the possibility of a deeper, populist democracy, the book examines recent challenges to the idea that de...

Institutions protecting constitutional democracy, such as election commissions and anticorruption investigators, are an increasingly important feature in modern constitutions. The book explains why these institutions are needed in a world where competition among political parties can undermine rather than protect democracy.

Institutions protecting constitutional democracy, such as election commissions and anticorruption investigators, are an increasingly important feature in modern constitutions. The book explains why these institutions are needed in a world where competition among political parties can undermine rather than protect democracy.

This comprehensive study unpacks the claim that there was a Constitutional Revolution in 1937, instead concluding that US constitutional law gradually transformed throughout the 1930s. In combining doctrinal analysis with the political, economic and social contexts of the Court's decisions, this will interest both historians and legal scholars.

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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 ...

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Tushnet traces the concept of legal rightsthrough the 20th century--from their origins in classical liberalism, fashioned in legislatures and emphasizing choice and contract, to notions of personal autonomy and equality protected by the judicial system.

The Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schöenberg's music, and Lewis Carroll's poem "Jabberwocky” are "unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting "the freedom of speech, ” even though none involves what we typically think of as speech—the use of words to convey meaning. As...

In an examination of Southern slave law between 1810 and 1860, Mark Tushnet reveals a structured dichotomy between slave labor systems and bourgeois systems of production. Whereas the former rest on the total dominion of the master over the slave and necessitate a concern for the slave's humanity, the latter rest of the purchase by the capitalist of a worker's labor power only and are concerned primarily with economic interest. Focusing on a w...

The most famous Supreme Court dissents, from Dred Scott to Lawrence v. Texas and beyond

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