The Constitution in 2020

Overview

The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds—Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler...

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Overview

The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds—Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others—the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.

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Editorial Reviews

From the Publisher
"It is clear that no talent was spared in the construction of Balkin and Siegel's book The Constitution in 2020....Balkin and Siegel have drawn together a group of contributors highly qualified to predict the challenges that redemptive constitutionalism could face in the next decade."—Political Studies Review

"The Constitution in 2020 belongs in every academic law library. This collection would be a valuable addition to a suggested reading list for constitutional law classes. High school students in advanced placement US government and politics classes might be encouraged to read a few of the essays. Law librarians should at least skim through this book, too. You never know when someone is going to ask a question that you may be able to answer thanks to your outside reading."—Law Library Journal

"For a generation, conservatives have dominated our constitutional conversation. Now as a new day dawns, this inspiring book recaptures a progressive vision of a Constitution that can fulfill the country's oldest commitments to a robust and inclusive democracy."—Linda Greenhouse, Pulitzer Prize-winning journalist and author of Becoming Justice Blackmun:R


"For much too long, progressive thinkers have been either responding reflexively to agendas set by the right, or wringing their hands over the absence of constructive options of their own. This volume marks the end of that time in the wilderness. Constitutional progressives who read this book's veritable cornucopia of carefully conceived alternatives are bound to be energizes by the vistas opened here—and challenged by the puzzles poster in every sparkling chapter."—Laurence H. Tribe, University Professor, Harvard Law School, and author of The Invisible Constitution

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Product Details

  • ISBN-13: 9780195387971
  • Publisher: Oxford University Press, USA
  • Publication date: 5/26/2009
  • Pages: 368
  • Product dimensions: 6.40 (w) x 9.30 (h) x 1.00 (d)

Meet the Author

Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School, and the Founder and Director of Yale's Information Society Project, an interdisciplinary center that studies law and the new information technologies. Professor Balkin teaches and writes in the areas of constitutional law, telecommunications and Internet law, first amendment law, cultural and social theory, and jurisprudence. He is a member of the American Academy of Arts and Sciences and the author of over 80 articles on constitutional and legal theory. He has written op-eds and commentaries for The New York Times, The Boston Globe, the L.A. Times, the Hartford Courant, the New Orleans Times Picayune, the Washington Monthly, and the New Republic Online. He also runs a weblog, Balkinization, at http://balkin.blogspot.com.

Reva B. Siegel is Nicholas deB. Katzenbach Professor of Law at Yale Law School, where she teaches constitutional law, antidiscrimination law, and legal history, and serves as faculty advisor to the American Constitution Society chapter. Professor Siegel's writing draws on legal history to explore questions of law and inequality, and to analyze how courts interact with representative government and popular movements in interpreting the Constitution. Much of her recent work analyzes how progressive and conservative movements have struggled to shape constitutional law in matters concerning race, sex, and the family over the last several decades. She is currently writing a series of articles exploring the genesis of the "traditional family values" coalition and the evolving strategies of the anti-abortion movement.

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Table of Contents

I Introduction: The Constitution in 2020 Jack M. Balkin Reva B. Siegel I

I Interpreting Our Constitution

2 Fidelity to Text and Principle Jack M. Balkin II

3 Democratic Constitutionalism Robert C. Post Reva B. Siegel 25

II Social Rights and Legislative Constitutionalism

4 The Minimalist Constitution Cass R. Sunstein 37

5 Economic Power and the Constitution Frank Michelman 45

6 Social and Economic Rights in the American Grain: Reclaiming Constitutional Political Economy William E. Forbath 55

7 State Action in 2020 Mark Tushnet 69

8 The Missing Jurisprudence of the Legislated Constitution Robin West 79

9 Remembering How to Do Equality Jack M. Balkin Reva B. Siegel 93

III Citizenship and Community

10 The Citizenship Agenda Bruce Ackerman 109

11 National Citizenship and the Promise of Equal Educational Opportunity Goodwin Liu 119

12 Terms of Belonging Rachel F. Moran 133

13 Hopeless Constitutionalism, Hopeful Pragmatism Richard T. Ford 143

IV Democracy and Civil Liberties

14 Voting Rights and the Third Reconstruction Pamela S. Karlan 159

15 Political Organization and the Future of Democracy Larry Kramer 167

16 A Progressive Perspective on Freedom of Speech Robert C. Post 179

17 Information, Structures, and the Constitution of American Society Yochai Benkler 187

18 The Constitution in the National Surveillance State Jack M. Balkin 197

19 The Progressive Past Tracey L. Meares 209

V Protecting Religious Diversity

20 The Framers' Church-State Problem-and Ours Noab Feldman 221

21 Progressive, the Religion Clauses, and the Limits of Secularism William P. Marshall 231

VI Families and Values

22 A Liberal Vision of U.S. Family Law in 2020William N. Eskridge 245

23 A Progressive Reproductive Rights Agenda for 2020 Dawn E. Johnsen 255

VII State, Nation, World

24 What's Federalism For? Judith Resnik 269

25 Progressive Constitutionalism and Transnational Legal Discourse Vicki C. Jackson 285

26 "Strategies of the Weak": Thinking Globally and Acting Locally toward a Progressive Constitutional Vision David Cole 297

27 America and the World, 2020 Harold Hongju Koh 313

Acknowledgments 327

About the Contributors 329

Index 339

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