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The Politics of Constitutional Law

Mark Tushnet

Harvard Law School


Texas Law Review, Vol. 79, November 2000

The Review-Essay discusses Lucas Powe's recent book, The Warren Court and American Politics. Examining Powe's analysis of the way in which the Warren Court's decisions influenced politics and of the way in which politics affected the Warren Court's decisions, it raises questions about the evidentiary support for some of Powe's claims. It suggests that Powe may have too narrow a conception of politics, almost confining it to what happens in Washington, D.C., and that a deeper political analysis of the Warren Court would require attention to American progressive liberalism understood as an intellectual and conceptual construct.

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Date posted: July 31, 2000  

Suggested Citation

Tushnet, Mark, The Politics of Constitutional Law (2000). Texas Law Review, Vol. 79, November 2000. Available at SSRN: http://ssrn.com/abstract=237551 or http://dx.doi.org/10.2139/ssrn.237551

Contact Information

Mark V. Tushnet (Contact Author)
Harvard Law School ( email )
1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States
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