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Constitutional Choices (Hardcover, New Ed)
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Constitutional Choices (Hardcover, New Ed)
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Constitutional Choices illuminates the world of scholarship and
advocacy uniquely combined by Laurence Tribe, one of the nation's
leading professors of constitutional law and most successful
practitioners before the Supreme Court. In his new hook, Tribe
boldly moves beyond the seemingly endless debate over which
judicial approaches to enforcing the Constitution are "legitimate"
and which are not. Arguing that all claims to legitimacy must
remain suspect, Tribe focuses instead on the choices that must
nonetheless be made in resolving actual constitutional
controversies. To do so, he examines problems as diverse as
interstate banking, gender discrimination, church subsidies, the
constitutional amendment process, the war powers of the President,
and First Amendment protection of American Nazis. 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 and defending its
constitutional rulings by "balancing" what it counts as "costs"
against what it deems "benefits." 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 and of the principles and perspectives they
reflect, Tribe exposes what has gone wrong and suggests how the
Court can begin to reclaim the historic role entrusted to it by the
Constitution.
General
Imprint: |
Harvard University Press
|
Country of origin: |
United States |
Release date: |
October 1986 |
First published: |
October 1986 |
Authors: |
Laurence H. Tribe
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Dimensions: |
234 x 156 x 29mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
458 |
Edition: |
New Ed |
ISBN-13: |
978-0-674-16539-7 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
General
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LSN: |
0-674-16539-X |
Barcode: |
9780674165397 |
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