Saving the Constitution from Lawyers: How Legal Training and Law Reviews Distort Constitutional Meaning

Saving the Constitution from Lawyers: How Legal Training and Law Reviews Distort Constitutional Meaning

by Robert J. Spitzer
     
 

ISBN-10: 0521721725

ISBN-13: 9780521721721

Pub. Date: 04/30/2008

Publisher: Cambridge University Press

This book is a sweeping indictment of the legal profession when it enters the realm of constitutional interpretation. The adversarial, advocacy-based American legal system is well-suited to American justice, where one-sided arguments collide to produce a just outcome. But when applied to constitutional theorizing, the result is selective analysis, overheated rhetoric,…  See more details below

Overview

This book is a sweeping indictment of the legal profession when it enters the realm of constitutional interpretation. The adversarial, advocacy-based American legal system is well-suited to American justice, where one-sided arguments collide to produce a just outcome. But when applied to constitutional theorizing, the result is selective analysis, overheated rhetoric, distorted facts, and overstated conclusions. Such wayward theorizing finds its way into print in the nation's more than six hundred law journals - professional publications run by law students, not faculty or other professionals, and in which peer review is almost never used to evaluate worthiness. The consequences of this system are examined through three timely cases: the presidential veto, the "unitary theory" of the president's commander-in-chief power, and the Second Amendment's "right to bear arms." In each case, law reviews were the breeding ground for defective theories that won false legitimacy and political currency. This book concludes with recommendations for reform.

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Product Details

ISBN-13:
9780521721721
Publisher:
Cambridge University Press
Publication date:
04/30/2008
Edition description:
New Edition
Pages:
206
Product dimensions:
6.00(w) x 8.90(h) x 0.70(d)

Table of Contents

1 The Logic, and Illogic, of Law 9

2 The Law Journal Breeding Ground 33

3 The Inherent Item Veto 60

4 The Unitary Executive and the Commander-in-Chief Power 90

5 The Second Amendent 129

6 Conclusion 177

Index 189

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