Living constitutionalism : activism unleashed -- Originalism : activism masquerading as restraint -- Political process theory : a third way down the rabbit hole -- Pragmatism : activism through antitheory -- The failure of cosmic constitutional theory
Summary
American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinker
