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FJI Author Series: Taking Back the Constitution (Zoom Program)

Thursday, September 10, 2020 | 3:30pm - 4:30pm UTC


Taking Back the Constitution: Activist Judges and the Next Age of American Law

A Discussion for Judges with the Author, Professor Mark Tushnet

Zoom Webinar

From the Publisher: “What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the 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 the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.”

Professor Mark Tushnet, who graduated from Harvard College and Yale Law School and served as a law clerk to Justice Thurgood Marshall, specializes in constitutional law and theory, including comparative constitutional law. His research includes studies of constitutional review in the United States and around the world, and the creation of other “institutions for protecting constitutional democracy.” He also writes in the area of legal and particularly constitutional history, with works on the development of civil rights law in the United States and a history of the Supreme Court in the 1930s. He is William Nelson Cromwell Professor of Law at Harvard Law School. His previous books include Why the Constitution Matters and In the Balance: Law and Politics on the Roberts Court.

Please note: Program participants will have the opportunity to discuss Taking Back the Constitution with the author during this Zoom webinar. If you prefer, you may submit questions in advance for Professor Tushnet by emailing: programs@flaschner.org. Registration is required. Prior to the program, you will receive a message containing information about joining the session.


Thursday, September 10, 2020
3:30pm - 4:30pm UTC
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