Revolution By Judiciary
The Structure of American Constitutional Law(amazon)
Jed Rubenfeld (View Bio)
Hardcover: Harvard University Press, 2005.
"This brilliant book makes an enduring contribution to constitutional interpretation, developing insights and techniques that greatly enrich our collective commitment to the rule of law." — Bruce Ackerman, author of THE FAILURE OF THE FOUNDING FATHERS: Jefferson, Marshall, and the Rise of Presidential Democracy
"Rubenfeld's account of the structure of American constitutional law — in terms of the distinction between Application Understandings and No-Application Understandings — is original, elegant, and illuminating. In developing this account, and his commitmentarian theory of constitutional self-government, he provides a compelling alternative to originalism and a powerful challenge to the moral reading of the Constitution." — James E. Fleming, Fordham University School of Law
"Jed Rubenfeld is the most gifted constitutional theorist (not to mention the most elegant legal writer) of his generation. In this supremely ambitious and engaging book, he unfolds his unique commitment-based account of American constitutionalism and the nature of judicial review." — Akhil Reed Amar, author of AMERICA'S CONSTITUTION