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Can Constitutionalism Be Leftist

Louis Michael Seidman

Georgetown University Law Center

February 4, 2011

Quinnipiac Law Review, Vol. 26, 2008
Georgetown Law and Economics Research Paper No. 999574

In this essay, written for a symposium on the work of Mark Tushnet, I examine Tushnet's effort to defend popular constitutionalism in his powerful and subtle book entitled "A Taking the Constitution Away from the Courts," I ask whether the book succeeds in reconciling constitutionalism with leftism. If there is anyone who could accomplish this task, it is Tushnet. He is without question our most thoughtful constitutional leftist. And yet, the book, at least taken at face value, fails to achieve its goal. To the extent that the book argues for constitutionalism, it abandons leftism, and to the extent it is leftist, it abandons constitutionalism. Tushnet's proposal can be both leftist and constitutional only by reconceiving what constitutionalism amounts to in ways I suggest at the conclusion of the essay. The failure to reconcile leftism with constitutionalism as it is more commonly understood teaches us something important: If Tushnet cannot produce this synthesis, then no one can.

Number of Pages in PDF File: 23

Keywords: Critical legal studies, judicial review, constitutionalism, popular constitutionalism, leftism

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Date posted: July 12, 2007 ; Last revised: February 7, 2011

Suggested Citation

Seidman, Louis Michael, Can Constitutionalism Be Leftist (February 4, 2011). Quinnipiac Law Review, Vol. 26, 2008; Georgetown Law and Economics Research Paper No. 999574. Available at SSRN: http://ssrn.com/abstract=999574 or http://dx.doi.org/10.2139/ssrn.999574

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Louis Michael Seidman (Contact Author)
Georgetown University Law Center ( email )
Washington, DC 20057
United States
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