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American constitutional law is at a crossroads. As it is currently interpreted, the Constitution is partial, Sunstein asserts. It is, first of all, biased. Contemporary constitutional law treats the status quo as neutral and just, and any departure as necessarily partisan. But when the status quo is neither neutral nor just, Sunstein argues, reasoning of this sort produces injustice. The Constitution is partial in another sense: its meaning has come to be identified solely with the decisions of the Supreme Court. This was not always the case, as Sunstein demonstrates; nor was it the intention of the country's founders. Instead, the Constitution often served as a catalyst for public deliberation about its general terms and aspirations - and Sunstein makes a strong case for reviving this broader understanding of the Constitution's role.

Tabla de contenidos provista por Syndetics

• Introduction
• I In General
• 1 A Republic of Reasons
• 2 The Revolution of 1937
• 3 Status Quo Neutrality in Contemporary Law
• 4 Interpreting the Constitution: Method
• 5 Interpreting the Constitution: Substance
• 6 Democracy, Aspirations, Preferences
• II Applications
• 7 Speech in the Welfare State: A New Deal for Speech
• 8 Speech in the Welfare State: The Primacy of Political Deliberation
• 9 Pornography, Abortion, Surrogacy
• 10 "It's the Government's Money": Funding Speech, Education, and Reproduction
• 11 The Limits of Compensatory Justice
• Conclusion: The Impartial Constitution
• Notes
• Index

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CHOICE Review

Sunstein is the holder of the prestigious Karl N. Llewellyn professorship in law and political science at the University of Chicago and is clearly well qualified to prepare this new monograph on the history and interpretation of the US Constitution. He argues that present-day interpretation of the Constitution is both partial and biased. He further contends that it is incorrect to assume, as most do now, that constitutional meanings are identified solely with Supreme Court decisions since historically this was not always the case. Sunstein outlines solutions to many of the critical constitutional issues of the day, such as gender discrimination, pornography, and public funding for parochial schools and the arts. There are some similarities to The Unfinished Constitution by John Arthur (1989) and A March of Liberty by Melvin I. Urofsky (1988). The book is written with great clarity and is appropriate for advanced undergraduates, graduate students, and faculty. R. A. Carp; University of Houston

Notas de autor provistas por Syndetics

Cass R. Sunstein is a law professor at Harvard Law School and is the most cited law professor in the United States.

(Bowker Author Biography)