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'A major work in the field of American political and legal philosophy. Smith analyzes the liberal goals of the framers of the Constitution and the weaknesses of their political thought...This book will undoubtedly be the focus of debate in scholarly and legal circles for years to come...It is a work of grand scholarship.' -Thomas A. Karel, Law Books in Review

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CHOICE Review

Smith has a profound belief in the power of labels to solve problems and resolve ambiguities. Armed with the conviction that ``liberalism'' is not really dead but only stunned by the recent electoral and judicial thrashings it has received, he presents a ``revisionist'' statement of the achievements and failings of what he considers to have been Lockean and post-Lockean liberal constitutionalism in the US. His purpose is to demonstrate that the notion of ``rational liberty,'' both as a goal and as a measure of achievement, will tell us what is sound or unsound in the Supreme Court's 20th-century interpretations of the Constitution; special attention is paid to the period beginning with the New Deal and extending until today. In the final part of the book Smith's thesis is presented and applied. He uses the notion of ``rational liberty'' as the method by which to reassess earlier developments and to determine why we have not yet achieved ``a fully equal political and social system.'' Smith is not clear in detailing which Court positions (through 1969) should be preserved and which modified. The author does not succeed in unifying the analytic and programmatic sections. Readers will be better served by the recent works of Guido Calabresi, R.M. Dworkin, and Laurence Tribe. Rich notes and an ample index are praiseworthy. Upper division and above.-L. Weinstein, Smith College