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Library Journal
Sunstein (Harvard Law Sch.; Worst-Case Scenarios), currently information and regulatory affairs administrator in the Obama adminstration, engages us in a conversation about the enduring issues of American constitutional law and how society can create changes in constitutional understanding. He looks at three means of constitutional interpretation-traditionalism, populism, and cosmopolitanism-which, respectively, stress the role of traditions, the significance of public opinion, and the importance of foreign law in creating our present constitutional arguments. As Sunstein explains, each approach overlaps with the other. Sunstein carefully analyzes each approach and shows that all create a central dilemma in constitutional law; for example, the traditionalism approach limits some aspects of due process activities. He also examines the consequences of each approach to determine whether it would make our constitutional order better or worse. He sees the new social and political commitments of citizens and political leaders, as well as the courts, as key elements in redirecting constitutional interpretation. Highly recommended for scholarly audiences and lay readers interested in current constitutional studies.
—Steven Puro
Overview
The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time.
Exploring hot-button issues ranging from presidential power to same-sex relations to ...