This book is a sweeping indictment of the legal profession in the
realm of constitutional interpretation. The adversarial,
advocacy-based American legal system is well suited to American
justice, in which one-sided arguments collide to produce a just
outcome. But when applied to constitutional theorizing, the result
is selective analysis, overheated rhetoric, distorted facts, and
overstated conclusions. Such wayward theorizing finds its way into
print in the nation's over 600 law journals - professional
publications run by law students, not faculty or other
professionals - and peer review is almost never used to evaluate
worthiness. The consequences of this system are examined through
three timely cases: the presidential veto, the "unitary theory" of
the president's commander-in-chief power, and the Second
Amendment's "right to bear arms." In each case, law reviews were
the breeding ground for defective theories that won false
legitimacy and political currency. This book concludes with
recommendations for reform.
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