Taking the Constitution Away from the Courts

"This is a thoroughly fascinating book by one of our major constitutional thinkers. What makes the book especially notable is that Tushnet not only assesses the possibility of constitutional interpretation outside the courts, but also goes on to deliver an assault on what might be termed constitutional interpretation 'inside' the judiciary. That is, the book becomes a ringing attack on judicial review. This will, no doubt, occasion much debate."--Sanford Levinson, University of Texas at Austin

"A major work-a potential classic that promises also to be an academic bestseller. . . . Tushnet demonstrates that the case for judicial review and thick constitutionalism is far, far more complex than previous theorists have recognized. Any person who wants to defend those principles in the future will have to deal with the claims of this book."--Mark Graber, University of Maryland