Taking the Constitution Away from the Courts

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Mark Tushnet critiques the American traditions of judicial review and judicial supremacy, arguing that the responsibility for safeguarding constitutional rights lies not solely with judges but with the citizens. He challenges the notion that judicial review is a comforting safeguard, urging individuals to actively engage in the political process and take ownership of their liberties. By emphasizing collective responsibility, Tushnet calls for a redefinition of civic engagement, asserting that the Constitution is a shared commitment of "We the People" in various democratic arenas.