Description
Book SynopsisTrade Review"This book will be an extremely important and influential contribution to the literature. Readers will find the book of great help in understanding the important differences between various strands of constitutional and interpretative theory."—Mary E. Becker, University of Chicago Law School
"West takes on the challenge of developing a transformational constitutionalism with great energy, eloquence, and intellectual integrity. Her argumentation throughout is forceful, clear, well-reasoned, and at the same time gives the sense of being driven by passionate commitments crystallized into broad principles. It is an exciting combination, and it makes an exciting book, one that should find a wide and ready audience."—Thomas C. Grey, Stanford Law School
Table of ContentsIntroduction 1
Part I. Equal Protection of the Laws
1. Toward an Abolitionist Interpretation of the Fourteenth Amendment 9
2. Equality Theory, Marital Rape, and the Promise of the Fourteenth Amendment 45
3. The Meaning of Equality and the Interpretive Turn 73
Part II. Due Process of law
4. Reconstructing Liberty 105
5. The Ideal of Liberty 129
6. Toward a First Amendment Jurisprudence of Respect 144
Part III. Institutional Responsibilities
7. Constitutional Skepticism 155
8. The Authoritarian Impulse in Constitutional Law 190
9. Progressive and Conservative Constitutionalism 211
10. The Aspirational Constitution 290
Notes 319
Index 355
