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Constitutional Personae - Heroes, Soldiers, Minimalists, and Mutes (Hardcover)
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Constitutional Personae - Heroes, Soldiers, Minimalists, and Mutes (Hardcover)
Series: Inalienable Rights
Expected to ship within 10 - 15 working days
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Since America's founding, the U.S. Supreme Court had issued a vast
number of decisions on a staggeringly wide variety of subjects. And
hundreds of judges have occupied the bench. Yet as Cass R.
Sunstein, the eminent legal scholar and bestselling co-author of
Nudge, points out, almost every one of the Justices fits into a
very small number of types regardless of ideology: the hero, the
soldier, the minimalist, and the mute. Heroes are willing to invoke
the Constitution to invalidate state laws, federal legislation, and
prior Court decisions. They loudly embrace first principles and are
prone to flair, employing dramatic language to fundamentally
reshape the law. Soldiers, on the other hand, are skeptical of
judicial power, and typically defer to decisions made by the
political branches. Minimalists favor small steps and only
incremental change. They worry that bold reversals of
long-established traditions may be counterproductive, producing a
backlash that only leads to another reversal. Mutes would rather
say nothing at all about the big constitutional issues, and instead
tend to decide cases on narrow grounds or keep controversial cases
out of the Court altogether by denying standing. As Sunstein shows,
many of the most important constitutional debates are in fact
contests between the four Personae. Whether the issue involves
slavery, gender equality, same-sex marriage, executive power,
surveillance, or freedom of speech, debates have turned on choices
made among the four Personae-choices that derive as much from
psychology as constitutional theory. Sunstein himself defends a
form of minimalism, arguing that it is the best approach in a
self-governing society of free people. More broadly, he casts a
genuinely novel light on longstanding disputes over the proper way
to interpret the constitution, demonstrating that behind virtually
every decision and beneath all of the abstract theory lurk the four
Personae. By emphasizing the centrality of character types,
Sunstein forces us to rethink everything we know about how the
Supreme Court works.
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