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Closing the Courthouse Door - How Your Constitutional Rights Became Unenforceable (Hardcover)
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Closing the Courthouse Door - How Your Constitutional Rights Became Unenforceable (Hardcover)
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A leading legal scholar explores how the constitutional right to
seek justice has been restricted by the Supreme Court The Supreme
Court's decisions on constitutional rights are well known and much
talked about. But individuals who want to defend those rights need
something else as well: access to courts that can rule on their
complaints. And on matters of access, the Court's record over the
past generation has been almost uniformly hostile to the
enforcement of individual citizens' constitutional rights. The
Court has restricted who has standing to sue, expanded the immunity
of governments and government workers, limited the kinds of cases
the federal courts can hear, and restricted the right of habeas
corpus. Closing the Courthouse Door, by the distinguished legal
scholar Erwin Chemerinsky, is the first book to show the effect of
these decisions: taken together, they add up to a growing
limitation on citizens' ability to defend their rights under the
Constitution. Using many stories of people whose rights have been
trampled yet who had no legal recourse, Chemerinsky argues that
enforcing the Constitution should be the federal courts' primary
purpose, and they should not be barred from considering any
constitutional question.
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