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The Constitution is often conceived as our nation's Grand Blueprint and the embodiment of our Highest Aspirations. The authors, using prominent cases such as Brown v. Board of Education, maintain that this conception is myth. Instead, William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.
- Sales Rank: #2408670 in Books
- Brand: William N Jr Eskridge
- Published on: 2013-05-01
- Original language: English
- Number of items: 1
- Dimensions: 9.21" h x 1.32" w x 6.14" l, 1.98 pounds
- Binding: Paperback
- 592 pages
- A Republic of Statutes
Review
"This breakthrough book marks a decisive turn in American constitutional thought – away from ancestor worship, toward a realistic understanding of how real-world Americans make and remake their fundamental law."—Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University (Bruce Ackerman)
“Why does our public law obsess about the Constitution, when so many of our most fundamental national commitments are embodied in subconstitutional law? In this illuminating and stimulating volume, a distinguished political scientist and a gifted public lawyer unravel that question. Eskridge and Ferejohn's redefining study shows how 'administrative constitutionalism'—agency elaboration of superstatutes, treaties, agreements, and state statutory regimes—both invites a 'deliberation-respecting' role for U.S. courts and ends up shaping America's national character.”—Harold Hongju Koh, The Legal Adviser, U.S. Department of State; Martin R. Flug Professor of International Law, Yale Law School
(Harold Hongju Koh)
About the Author
William N. Eskridge Jr. is the John A.Garver Professor of Jurisprudence at Yale Law School. John Ferejohn is the Charles Seligson Professor of Law at New York University School of Law.
Most helpful customer reviews
5 of 6 people found the following review helpful.
Incisive, comprehensive, convincing and witty
By Welsh Corgi fan
In this book, Professors Eskridge and Ferejohn present fascinating case studies of how our government works. It should have a wide appeal. History buffs will love the case studies, which bring alive such diverse subjects as antitrust regulation, the Social Security system, and gay marriage. Students of government will be fascinated by the authors' explanation of superstatutes and their elucidation of Constitutional and small-c constitutional processes. Lawyers and law students will find illuminating the authors' explanations of social change and social welfare, reconciling apparently contradictory Supreme Court decisions and actions throughout American history.
In addition to its brilliant content, this book is also engaging and witty. I have never prior to this read a book with this kind of content that made me laugh. The prose is elegant; the history fascinating; and the explanations of American governmental processes illuminating. What more could a reader want? As my nickname indicates, I read very little nonfiction, but I made an exception for this book, and I am very glad I did.
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