LEADER 04306nam 22006495 450 001 9910454975703321 005 20210114013336.0 010 $a1-282-15758-2 010 $a9786612157585 010 $a1-4008-2555-5 024 7 $a10.1515/9781400825554 035 $a(CKB)1000000000788424 035 $a(EBL)457933 035 $a(OCoLC)437034945 035 $a(SSID)ssj0000477736 035 $a(PQKBManifestationID)11317157 035 $a(PQKBTitleCode)TC0000477736 035 $a(PQKBWorkID)10512473 035 $a(PQKB)10300259 035 $a(SSID)ssj0000210097 035 $a(PQKBManifestationID)12059839 035 $a(PQKBTitleCode)TC0000210097 035 $a(PQKBWorkID)10267870 035 $a(PQKB)11244838 035 $a(DE-B1597)446497 035 $a(OCoLC)979910659 035 $a(DE-B1597)9781400825554 035 $a(MiAaPQ)EBC457933 035 $a(EXLCZ)991000000000788424 100 $a20190708d2009 fg 101 0 $aeng 135 $aur||||||||||| 181 $ctxt 182 $cc 183 $acr 200 14$aThe New Constitutional Order /$fMark Tushnet 205 $aCourse Book 210 1$aPrinceton, NJ :$cPrinceton University Press,$d[2009] 210 4$dİ2003 215 $a1 online resource (277 p.) 300 $aDescription based upon print version of record. 311 $a0-691-12055-2 327 $tFront matter --$tCONTENTS --$tPreface --$tIntroduction. The Idea of a Constitutional Order --$tChapter One. The Political Institutions of the New Constitutional Order --$tChapter Two. The Supreme Court of the New Constitutional Order --$tChapter Three. Beyond the New Constitutional Order? --$tChapter Four. The Jurisprudence of the New Constitutional Order --$tChapter Five. Globalization and the New Constitutional Order --$tConclusion. Regulation in the New Constitutional Order --$tNotes --$tBibliography --$tTable of Cases --$tIndex 330 $aIn his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930's to the 1990's have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists. 606 $aConstitutional law -- United States 606 $aConstitutional law$zUnited States 608 $aElectronic books. 615 4$aConstitutional law -- United States. 615 0$aConstitutional law 676 $a342.73 700 $aTushnet$b Mark$0262598 801 0$bDE-B1597 801 1$bDE-B1597 906 $aBOOK 912 $a9910454975703321 996 $aThe new constitutional order$91927248 997 $aUNINA