Red, White, and Blue: A Critical Analysis of Constitutional Law

Overview


The first paperback edition of a classic of American constitutional theory. The book is divided into two parts. In Part I Professor Tushnet appraises the five major competing "grand theories" of constitutional law and interpretation, and, argues that none of them satisfy their own requirements for coherence and judicial constraint. In Part II the author offers a descriptive sociology of constitutional doctrine and raises critical questions as to whether a grand theory is necessary, is it possible to construct a ...
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Overview


The first paperback edition of a classic of American constitutional theory. The book is divided into two parts. In Part I Professor Tushnet appraises the five major competing "grand theories" of constitutional law and interpretation, and, argues that none of them satisfy their own requirements for coherence and judicial constraint. In Part II the author offers a descriptive sociology of constitutional doctrine and raises critical questions as to whether a grand theory is necessary, is it possible to construct a coherent, useful grand theory, and is construction of an uncontroversial grand theory possible?

Professor Tushnet's new Afterword is organized in parallel fashion to the original text. Part I offers a new survey of the contemporary terrain of constitutional interpretation. Part II provides an extended discussion of the most prominent of contemporary efforts to provide an external analysis of constitutional law, the idea of regime politics. This includes discussion of major court decisions, including Bush v. Gore and Citizens United.

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Editorial Reviews

From the Publisher

"Red, White, and Blue brilliantly crystallized the anxieties about judicial review that dominated constitutional debates during the 1980s, and its central, critical arguments retain their bite. As a critique of grand constitutional theorizing, Red, White, and Blue remains unsurpassed."—Richard H. Fallon, Jr., author of The Dynamic Constitution: An Introduction to American Constitutional Law and Practice
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Product Details

  • ISBN-13: 9780700621026
  • Publisher: University Press of Kansas
  • Publication date: 6/12/2015
  • Series: Constitutional Thinking
  • Pages: 376

Meet the Author


Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School. He is the author of Slave Law in the American South: State v. Mann in History and Literature.
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