Description
Book SynopsisProposes a way of interpreting the Constitution of US, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.
Trade ReviewWinner of the 2009 PROSE Award in Law & Legal Studies, Association of American Publishers "Applying ... insights to the field of constitutional law, the book develops, in elegant and careful prose, a novel collection of arguments within their discipline. The author [has] raised a number of fresh and controversial issues, and, as a result, [his] work is certain to be widely read and much discussed."--N.W. Barber, Texas Law Review "Sunstein has a knack for identifying the operative kernel of complex ideas in a way that allows the reader to see how an unfamiliar concept links seemingly disparate problems."--Azuz Huq, New York Law Journal "We would do well to have more thinkers around like Sunstein, and better yet to have more of them on the Supreme Court."--Leonard H. Becker, DC Lawyer Magazine
Table of ContentsPreface ix Introduction: Jefferson's Revenge 1 Part I. Preliminaries 17 Chapter 1. There Is Nothing That Interpretation Just Is 19 Part II. Traditionalism 33 Chapter 2. Burkean Minimalism 35 Chapter 3. Rationalists vs. Burkeans 60 Chapter 4. Due Process Traditionalism 93 Part III. Populism 123 Chapter 5. Backlash's Travels 125 Chapter 6. Public Opinion and Social Consequences 140 Chapter 7. Public Opinion and Judicial Humility 165 Part IV. Cosmopolitanism 185 Chapter 8. What Other Nations Do 187 Afterword 210 Acknowledgments 217 Index 219
